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Full text of "Records of the county of Baniff, 1660-1760, one hundred years of county government"

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Aberdeen University 
Studies : No. 87 




Records 

of the 

County of Banff 



University of Aberdeen. 

UNIVERSITY STUDIES. 

General Editor: P. J. Anderson, LL.B., Librarian to the University. 

1900-1913. Nos. 1-63. 

1914. No. 64. — Zoological Studies. Professor Thomson and others. Ser. VIII. 
No. 6^.— Highland Host of 1678. J. R. Elder, D.Litt. 

II No. 66. — Concise Bibliography of Aberdeen, Banff, and Kincardiue. J. F. Kellas Johnstone. 
II No. 67. — Bishop Burnet as Educationist. John Clarke, M.A. 

1915. No. b%.— Territorial Soldiering in N.E. Scotland. J. M. Bulloch, M.A. 

II No. 69. — Proceedings of the Anatomical and Anthropological Society, 1908-14. 

i< No. 70. — Zoological Studies. Professor Thomson and others. Ser. IX. 

II No. 71. — Aberdeen University Library Bulletin. Vol. II. 

1916. No. 72. — Physiological Studies. Professor MacWilliam, F.R.S., and others. Ser. I. 

1917. No. 73. — Concise Bibliography of Inverness shire. P. J. Anderson. 

II No. 74. — The Idea of God. Professor Pringle-Pattison. (Gifford Lectures, 1912 13.) 

II No. 75. — Interamna Borealis. W. Keith Leask, M.A. 

II No. ^6.—Roll of Medical Service of British Army. Col. W. Johnston, C.B., LL.D. 

1918. No. 77. — Aberdeen University Library Bulletin. Vol. III. 

II No. y%.— Moral Values and the Ideaof God. W. R. Sorley, Litt.D. (GifTord Lect., 1914-15.) 

1919. No. 1^. — God and Personality. C. C. J. Webb, M.A. (GifTord Lect., 1918.) 

1920. No. 80. — Divine Personality and Human Life. C. C. J. Webb, (GifTord Lect., 1919.) 
II No. 81. — Bulletins of College of Agriculture. Nos. 15-27. 

1 92 1. No. 82. — Subject Catalogue of Cruickshank Science Library. 

II No. 83. — Physical Geology of the Don Basin. A. Bremner, D.Sc. 

II No. S4.— Poll of Service, 1914-19. M. D. Allardyce. 

II No. 85. — Catalogue of Taylor Collection. 

1922. No. 86. — Aberdeen University Library Bulletin. Vol. IV. 
II No. 87. — Records of County of Banff. James Grant, LL.B. 



I 



Records of 
The County of Banff 

1660- 1760 

ONE HUNDRED YEARS OF 
COUNTY GOVERNMENT 



COMPILED BY THE LATE 

JAMES GRANT, LL.B 

County Clerk 



With an Introduction by 
Alistair and Henrietta Tayler 



Aberdeen 

Printed for the University 

1922 






PRINTED BY 

MILNE AND HUTCHISON 

ARERDEEN. 



^be 1Wew Spalbing Club* 

The Spalding Club founded 23rd December, i8jg. 
Reconstituted as The New Spalding Club nth November, 1886. 

Ipatron : 
HIS MAJESTY THE KING. 

pre9i^ent : 
THE MARQUESS OF ABERDEEN AND TEMAIK, K.T., G.C.M.G., D.C.L., LL.D. 



^Dfcc=pre6i^ent^ : 



The Duke of Richmond and Gordon, K.G., 

G.C.V.O., C.B. 
The Earl of Strathmore and Kinghorne. 
The Earl of Southesk, LL.D. 
The Earl of Kintore, G.C.M.G., LL.D. 
The Earl of Rosebery and Midlothian, K.G., 

K.T., LL.D. 
The Lord Forbes. 



The Lord Saltoun. 

The Lord Sempill. 

The Lord Provost of Aberdeen. 

The Principal of the University of 
Aberdeen. 

Sir Thomas Burnett of Leys, Bart. 
*David Littlejohn, LL.D., SheriflF-Clerk, Aber- 
deen. 



©rbfnar^ flBembera of Council : 



W. Bruce Bannerman, Croydon. 

John Malcolm Bulloch, LL.D., London. 

John George Burnett of Powis. 

Sir George A. Cooper of Hursley Park, Bart. 

Very Rev. Professor James Cooper, D.D., DC.L., 

Litt.D., Glasgow. 
*Patrick Cooper, Advocate, Aberdeen. 
*James Edward Crombie, LL.D., Parkhill. 
•Professor W. L. Davidson, LL.D., Aberdeen. 

Professor John Wight Duff, D. Litt., Newcastle- 
on-Tyne. 

Francis C. Eeles, London. 

Sir John Fleming of Dalmuinzie, LL.D. 

George M. Fraser, Public Library, Aberdeen. 



Colonel R. G. Gordon-Gilmour of Craigmillar, 

C.V.O., C.B., D.S.O. 
Colonel J. G. Wolrige-Gordon of Hallhead and 

Esslemont. 
*John A. Henderson, Cults. 
*J. F. Kellas Johnstone, Aberdeen. 
William Kelly, A.R.S.A., LL.D., Architect, Aber- 
deen. 
William Mackay, LL.D., Solicitor, Inverness. 
Sir George M. Paul, LL.D., Deputy Keeper of 

the Signet, Edinburgh. 
Professor Robert S. Rait, LL.D., Glasgow. 
*Rev. James Smith, B.D., Aberdeen. 
John Henry Udny of Udny. 
Robert M. Wilson of Tarty, M.D. 



Secretari? : 
*P. J. Anderson, University Library, Aberdeen. 

Ureasurer : 
^William Garden, 18 Golden Square, Aberdeen. 

* Members of Executive Committee. 



^■94Vi5 



INTRODUCTION. 

IN introducing this book to the Members of the New 
Spalding Club, some account must be given of how it 
came to be written, and of the sources from which the 
materials were drawn. The late Mr. James Grant, LL.B., 
the well-known antiquary, undertook to compile this work 
for the Club, and started on his labours before the outbreak 
of the great War. He had, of course, from his official position 
as County Clerk of Banff, unrivalled opportunities of studying 
all the necessary archives, and the chief source from which 
he derived the information contained in Chapter I. was the 
Minute Book of the meetings of the Barons and Freeholders 
of the Sheriffdom of Banff, which begins on April 15, 1664, 
and ends on April 10, 1722. This fact accounts for the 
apparently abrupt termination of Chapter I., which would 
otherwise, in accordance with the plan of the book, have 
embraced the period down to 1760, It should be noted 
here that the Barons or Freeholders of the shire had to 
attend the Head Court in Banff to "give suite and presence 
to the King," as represented by the Sheriff Principal or his 
depute. The office of Sheriff was borrowed from English 
usage by the early Scottish Kings ; in England this official 
has ceased to have much political power, but in Scotland, in 
the period under consideration, he held almost undisputed 
sway as the King's Representative, and when the office tended 
to become hereditary, this power was, of course, consolidated. 



VIU. INTRODUCTION. 

In Cromarty, for instance, the family of Urquhart long 
enjoyed the position, but in Banffshire no family had a com- 
plete monopoly. 

From 1668 onwards, the Minute Book gives details of 
the procedure, when the Barons and Freeholders elected two 
Commissioners to represent the County in the Scots Parlia- 
ment. Unlike their successors at the present day, these 
Commissioners gave their services gratuitously (p. 24), and 
the expense of the journey from the north to Edinburgh 
must have been, even to a rich man, considerable ; while the 
discomforts incident to such a journey are emphasised by the 
fact that travelling in a farm cart, with a feather bed laid in 
it, for two stages, was considered luxurious (p. 125). 

It may be as well to state that the word " Baron " is a 
Scots term applied to a freeholder whose lands had been 
erected into a free barony, within which the baron or owner 
exercised civil and criminal jurisdiction. Those who absented 
themselves from the Head Courts were fined for non-attend- 
ance (p. 65). 

For Chapter II., dealing with Commissioners of Supply 
and Justices of the Peace from 1661 to 1718, there were the 
old land valuations to be consulted. The origin of Land 
valuations is very ancient and somewhat obscure, but for 
taxation purposes it may be said that one of the oldest was 
made in the reign of Alexander III. in the thirteenth century, 
and in 1474 Parliament enacted that the retours should state 
not only the extent, as formerly, but the actual value of the 
land. This law, however, was not systematically observed, 
and in 1643 the Convention of Estates appointed Commis- 
sioners of Supply from various counties, and directed them 
" to use all legall ways to informe themselves of the just 
and trew worth of every personne or personnes, their present 



INTRODUCTION. IX. 

yeare's rent of this crope and yeir 1643 ^^ landward as 
Weill of lands and teinds as of any uther thing whereby yeirlie 
proffeit and commoditie aryseth " (p. 142). Thus a new 
valuation of the land of Scotland according to rental was 
obtained, and Chapter II. shews its varied increase and 
changes. Much material was also obtained from the books 
of Sasines in the Court House of Banff. 

The Commissioners of Supply were appointed or excluded 
strictly in accordance with their political opinions (p. 159). 
Their duties also included the fixing of the prices charged 
for raw and manufactured products, of wages, etc. (pp. 226, 
241 and 246). Previous to the Civil War, land had been 
the only basis of taxation, but this was subsequently broadened, 
one early measure being the imposition of Excise duties, and 
after the Restoration, Commissioners for the various counties 
were appointed for ordering, regulating and collecting these 
dues. 

The Poll Tax (Mr. Grant, in his heading to Chapter II. 
prefers the word "Pole") was originally started in 1667 as a 
measure of relief for heritors, and in 1693 ^^^ Convention 
Parliament imposed a graduated poll or pole tax on the 
inhabitants of Scotland, in order to clear off arrears due by 
the Crown to the country and to the Army prior to ist 
February, 1691 (p. 201). 

For Chapter III., on Road Administration, the informa- 
tion was derived from the Minute Book of the Commissioners 
of Supply and Justices of the Peace of the County, which 
begins loth November, 1696 ; but the earliest reference 
bearing on road administration is an entry, of 25th May, 
1 7 10, and from 1718 to 1760 a verbatim narrative in some 
detail is furnished. 



X. INTRODUCTION. 

The last Chapter, dealing with Commissioners of Supply 
and Justices of the Peace from 17 19 to 1760, was only- 
completed down to 1750. Mr. Grant had completed a large 
portion of the book when he was forced to lay it aside for 
military duties. On being invalided out of the Army, he 
was able to resume his work, and had practically finished 
it at the date of his sudden death. 

Mr. P. J. Anderson, of Aberdeen University, and Mr. 
Grant's brother, Mr. John Grant, of Dufftown, then approached 
the present editors, and asked them to prepare the book for 
publication. It was not considered advisable to add any new 
material ; indeed, the book having been set up in type some 
years previously, no alterations or additions could well be 
made to it. In consequence, a few slight errors are to be 
found in the text of the work, and for this reason a somewhat 
large addenda and corrigenda has been provided, and no 
details appear as to the last ten years, which should have 
been treated in Chapter IV. 

Before proceeding further, it will be proper to give some 
account of the compiler's life and other work. 

Mr. James Grant was a native of Mortlach, Banffshire, 
being the third son of Mr. William Grant, of Glenfiddich 
and Balvenie Distilleries. He was one of seven brothers, 
five of whom became graduates of Aberdeen University — a 
somewhat remarkable family record, 

James was born on 25th September, 1865, at Crachie, 
near Dufftown (now in the Burgh of Dufftown), and began 
his education at the Parish School of Mortlach ; subsequently, 
going on to the Public School of Ythanwells, Aberdeenshire, 
where his studies were directed by his brother, Mr. John 
Grant. From the latter school he passed direct to Aberdeen 



INTRODUCTION. XI. 

University, where one brother had preceded him and three 
others followed. He had a most successful career at the 
University, graduating in Arts in 1887, with second-class 
honours, having won the Seafield Latin medal and the Dr. 
Black Latin prize. 

All his life he had the instincts of a scholar, and after 
taking his degree he turned his attention for some time to 
teaching, but he had too much ambition and restless energy 
to pursue for long the somewhat dull career of the " Dominie," 
so he proceeded to Edinburgh University and studied Law, 
taking the Degree of LL.B. with distinction in 1892. Had 
he gone to the Bar, he would, no doubt, have been very 
successful, for he had many of the qualities of the old Scots 
lawyer, a keen interest in history, a grasp of principles and 
a wealth of broad humour, such as would have delighted the 
wits of Parliament House. But the love of his native 
country, which was strong in him, made him turn homewards, 
and in the same year he began the practice of his profession 
as a solicitor in the town of Banff So well equipped was 
he for this work that he soon established a remunerative and 
increasing business. 

Subsequently, he assisted the late Mr. John Allen, Town 
Clerk of Banff, as his depute, and thus began the practical 
acquaintance with matters of local government which afterwardG 
became his speciality. When the late Mr. Francis George 
succeeded Mr. Allen as Town Clerk, Mr. Grant entered the 
Town Council, and was for a time a Baillie of the Burgh. 
He was appointed Collector of County Rates and Clerk to 
the Banff District Committee ; subsequently, on Mr. George's 
death, he became County Clerk and Treasurer, and in the 
following month Town Clerk of Banff. The selection of 
Mr. Grant for these positions was more than justified by the 



X. INTRODUCTION. 

The last Chapter, dealing with Commissioners of Supply 
and Justices of the Peace from 17 19 to 1760, was only- 
completed down to 1750. Mr. Grant had completed a large 
portion of the book when he was forced to lay it aside for 
military duties. On being invalided out of the Army, he 
was able to resume his work, and had practically finished 
it at the date of his sudden death. 

Mr. P. J. Anderson, of Aberdeen University, and Mr. 
Grant's brother, Mr. John Grant, of Dufftown, then approached 
the present editors, and asked them to prepare the book for 
publication. It was not considered advisable to add any new 
material ; indeed, the book having been set up in type some 
years previously, no alterations or additions could well be 
made to it. In consequence, a few slight errors are to be 
found in the text of the work, and for this reason a somewhat 
large addenda and corrigenda has been provided, and no 
details appear as to the last ten years, which should have 
been treated in Chapter IV. 

Before proceeding further, it will be proper to give some 
account of the compiler's life and other work. 

Mr. James Grant was a native of Mortlach. Banffshire, 
being the third son of Mr. William Grant, of Glenfiddich 
and Balvenie Distilleries. He was one of seven brothers, 
five of whom became graduates of Aberdeen University — a 
somewhat remarkable family record. 

James was born on 25th September, 1865, at Crachie, 
near Dufftown (now in the Burgh of Dufftown), and began 
his education at the Parish School of Mortlach ; subsequently, 
going on to the Public School of Ythanwells. Aberdeenshire, 
where his studies were directed by his brother, Mr. John 
Grant. From the latter school he passed direct to Aberdeen 



INTRODUCTION. XI. 

University, where one brother had preceded him and three 
others followed. He had a most successful career at the 
University, graduating in Arts in 1887, with second-class 
honours, having won the Seafield Latin medal and the Dr. 
Black Latin prize. 

All his life he had the instincts of a scholar, and after 
taking his degree he turned his attention for some time to 
teaching, but he had too much ambition and restless energy 
to pursue for long the somewhat dull career of the " Dominie," 
so he proceeded to Edinburgh University and studied Law, 
taking the Degree of LL.B. with distinction in 1892. Had 
he gone to the Bar, he would, no doubt, have been very 
successful, for he had many of the qualities of the old Scots 
lawyer, a keen interest in history, a grasp of principles and 
a wealth of broad humour, such as would have delighted the 
wits of Parliament House. But the love of his native 
country, which was strong in him, made him turn homewards, 
and in the same year he began the practice of his profession 
as a solicitor in the town of Banff So well equipped was 
he for this work that he soon established a remunerative and 
increasing business. 

Subsequently, he assisted the late Mr. John Allen, Town 
Clerk of Banff, as his depute, and thus began the practical 
acquaintance with matters of local government which afterwards 
became his speciality. When the late Mr. Francis George 
succeeded Mr. Allen as Town Clerk, Mr. Grant entered the 
Town Council, and was for a time a Baillie of the Burgh. 
He was appointed Collector of County Rates and Clerk to 
the Banff District Committee ; subsequently, on Mr. George's 
death, he became County Clerk and Treasurer, and in the 
following month Town Clerk of Banff. The selection of 
Mr. Grant for these positions was more than justified by the 



XU. INTRODUCTION. 

high standard of business efficiency which characterised the 
execution of any work he undertook. The interests of the 
town and the county were his pride and chief concern ; no 
effort was too great for him if its aim was to advance the 
welfare of his beloved Banffshire. He had a complete know- 
ledge of the broad principles of administration, and. being 
anxious to get things done and not merely talked about, he 
was an uncompromising enemy of red tape and officialism. 
He took a lofty view of the importance of matters affecting 
local government, and was the tried and valued councillor of 
many local bodies. He constituted himself the champion of 
all local interests, and during his tenure of office initiated many 
valuable reforms and innovations. 

Mr. Grant was, for a number of years. Chairman of the 
School Board of Banff, and, when he retired in 191 7, the mem- 
bers of that body put on record their high sense of the value of 
the work that had been carried out by their late colleague. It 
might be thought that these activities would have been enough 
for any ordinary man, but Mr. Grant was ever ready to under- 
take further work, and as Town Clerk of Banff he was joint- 
clerk, with Colonel J. J. George, of the Duff House Trust, 
and took a most active part in the administration of the 
generous gift of the late Duke of Fife (i.e., Duff House and 
about 140 acres), to the two towns of Banff and Macduff. 
He was Clerk and Treasurer of the Board of the Infectious 
Diseases Hospital, and Chairman of the Trustees of Chalmer s 
Hospital, also President of the Society of Solicitors of Banff- 
shire, and Provincial Grand Master of Freemasons. 

It must not be thought that his interests were entirely local ; 
the problem of National Defence profoundly moved him ; 
partly, perhaps, owing to the fact that his grandfather, Mr. 
William Grant, was one of the earliest recruits of the Gordon 



INTRODUCTION. xiii. 

Highlanders, and fought at Waterloo. Early in his career 
in Banff, James Grant joined the Artillery Volunteers, and 
although unfitted in many ways for the active life of a soldier, 
he entered into the hard work of drills and camps with boyish 
zest, and was keenly disappointed when the Battery was 
disbanded. Having been for many years an officer in the 
Volunteers, and a member of the Territorial Force Association, 
he, though well over age, patriotically offered his services at a 
very early stage of the outbreak of War in 19 14, At first his 
offer was not accepted, and he threw himself with characteristic 
energy into the arduous work of recruiting, going up and down 
the country in all weathers. After ceaseless badgering of the 
War Office, he was granted a commission in the 15th Battalion 
of the Highland Light Infantry; this battalion, which he was 
largely responsible for raising, being composed of Bantams 
[i.e., men below the normal standard in height). He joined 
his corps in Aldershot, and underwent a severe course of 
training ; he was then sent to Brixham with the skeleton of 
another battalion, where he drilled the young subalterns with 
the utmost vigour. He sometimes found the work rather 
exacting, for he was now past fifty and had a weak heart, 
but he never gave in to fatigue or depression ; nor ever, even 
in the darkest days of the War, lost faith in our ultimate 
victory over the Germans. Conditions of health prevented the 
realisation of his ambition to go to the Front, and he was 
much distressed at not being allowed to embark with his 
battalion, which, subsequently, suffered severely in France, 
nearly all the officers being killed. He did much admirable 
regimental work in this country, but after a spell at a Flying 
Station in the South of Scotland, and another at a Convalescent 
Camp in the North of Ireland, he was invalided out of the 
Army with the rank of Major, and returned to his work in 



XIV. INTRODUCTION. 

Banff. Once home again, he resumed the antiquarian labours 
he always loved, and almost completed the transcripts of civic 
documents forming the present volume. 

Among the transactions of the Banffshire Field Club, of 
which he was treasurer for many years, may be found many 
interesting contributions from his pen, dealing with local history 
and matters of antiquarian interest. His literary work and 
researches among old papers occupied no inconsiderable part 
of a very busy life, and gave him unalloyed enjoyment. In 
191 2 he had edited an admirable volume of the " Seafield 
Correspondence, from 1685 to 1708," for the Scottish History 
Society; a second volume was in preparation but not sufficiently 
advanced for publication by his literary executors. He edited, 
for the Navy Record Society, a book of peculiar interest, 
and on a little known subject, " The Old Scots Navy from 
1689 to 1 7 10." He put a great deal of work into these books, 
making extensive researches in Edinburgh, at the Admiralty, 
the Public Record Office, and the British Museum. As a 
decipherer of ancient manuscripts, he could hold his own with 
any professional reader, and was always ready to help any 
fellow searcher with all the skill at his command. The present 
writers have to thank him for much valuable assistance in their 
own work in connection with the "Book of the Duffs." These 
undertakings, in addition to his arduous public life and his work 
as a solicitor, must have put a great §train upon him, for 
though he was always active, his constitution was not really 
robust, and his bodily strength was never fully equal to that 
of his tireless and unquenchable spirit. Intensely human, full 
of true Scots pride of race, expressing himself exactly as he 
felt at the moment, there were in him constant picturesque 
contradictions which puzzled those who were but superficially 
acquainted with him. If he had at times a tongue of fire, he 



INTRODUCTION. XV. 

had also a heart of gold, and a never-failing sense of humour. 
He was a generous and most considerate host, and invariably 
anxious to help friends and acquaintances with advice or in 
some more practical manner. 

Early in February, 1919, Major Grant caught a chill, which 
was followed by influenza ; pneumonia quickly supervened, 
and he passed away on 14th February at his house in Castle 
Street, Banff, at the age of 53. 

He married twice. First, in 1894, Harriet Ann McRobie. 
There was no issue. Secondly, in 19 16, Anna Wood, who 
gave him one daughter, Margaret Ritchie, born in 19 18. He 
was buried in the New Cemetery of Banff", and a handsome 
monument has been erected to his memory. Many will miss 
his genial personality, but chiefly will he be regretted in Banff- 
shire, where he was best known, and where he accomplished 
so much work of a useful and varied kind. 

The book covers a most interesting period of 100 years of 
Scottish history, namely, that from 1660 to 1760 — interesting 
alike to the historian, the antiquary, and the general reader. 
The work had been sent by Major Grant, just before his 
death, to the present editors to read and criticise, and was 
still in their hands at that time. Consequently, they were 
more or less familiar with the contents, and gladly undertook 
to prepare a brief introduction. Major Grant has traced the 
history, and also the development, of the county of Banff 
and its administration. Many details are given of old families 
which were long prominent in the county, such as the Bairds 
of Auchmedden, the Lords Banff" (Ogilvies), the Urquharts of 
Cromarty, the Abernethies of Mayen, the Sutherlands of 
Kinminity, the Hays of Rannas and Muldavit, the Dunbars 
of Durn, the Joass of Colleonard, and of others which are still 



XVI. INTRODUCTION. 

with US, such as the Grants of Grant and the Earls of Seafield, 
the Grants of Ballindalloch, the Duffs of Keithmore and 
Braco, now represented by the Fife family, the Duffs of 
Drummuir, the Abercrombies of Birkenbog, the Gardens of 
Troup, the Innes of Balvenie, now represented by the family 
of Edingight, the Leslies of Kininvie, and the Dukes of 
Gordon, now Richmond. The author also treats of numberless 
other branches of the Clan Gordon, such as those of Park, 
Ardmeallie, Beldorney, Glengerack, Arradoul, Edinglassie, 
some still existing, and some, unfortunately, extinct. 

Vivid pictures of the life in the 17th and i8th centuries 
are presented by some of the regulations then in force. In 
view of present conditions with regard to unemployment, 
it is remarkable to note the treatment meted out to 
vagabonds, beggars, idle persons and domestic servants 
"lying out of service," who had to»choose between entering 
into service forthwith and an enforced sojourn in the 
Tolbooth, where one pound of oatcake daily and cold water 
was the sole diet allowed. In 1579 it was enacted that all 
persons above 14 years and below 70, who were wandering 
about the country or who were idle, and all who were able 
to work and did not do so, or who would give no account 
of how they got their living, should be imprisoned, and for a 
second offence, should be treated like thieves. In 1663, a 
tax was imposed on those parishes in which idle persons 
found begging had been born, and, where the place of birth 
was unknown, then those parishes in which they lived had 
to provide the money. By 1697, in consequence of the 
disbanding of several Scottish Regiments, there were many 



INTRODUCTION. XVll. 

broken men going about the country, who earned their 
livelihood by robbery, and edicts dealing with them were 
put forth. In 1700 the Commissioners of Supply of Banff- 
shire were compelled to take stringent measures against 
"Egyptians and Sorners," while in 1703 we find the Justices 
of the Peace declaring that breaking of bargain to work and 
refusal to work at all should alike be punished by fines. 
Legislation was also found necessary against " hame sucken," 
or the crime of attacking a man in his own house, and 
other acts of violence. There is an illuminating corres- 
pondence, beginning at p. 152, between Lord Findlater 
and George Leslie of Burdsbank, showing how very scarce 
money was in Scotland at the end of the 17th century; and 
after the troubles of 1715 and 1745, in consequence of 
requisitions and fines, the condition was even worse. As a 
side-light on the manners and customs of the " brave days 
of old," it is amusing to read that John Roy Grant, the 7th 
Laird of Ballindalloch, who took part in Dundee's raid on 
Perth in 1689, commandeered the best horse of his Whig 
opponent, the Laird of Pollock, as a remount ! Grant was 
subsequently present at Killiecrankie. 

The ill-fated scheme for colonizing the isthmus of Darien 
(which followed on an abortive attempt to found a Scottish 
East India Trading Company, foiled by jealousy in London), 
brought much distress to landlords in Banffshire as else- 
where, among the sufferers being William Duff of Dipple 
and Alexander Duff of Drummuir. A letter from Lord 
Seafield's secretary on this subject of date 1699 is given in 
extenso. He says that " all Scotland with one or two 



XVlll. INTRODUCTION. 

exceptions" had put money into this venture, and great 
hopes were entertained that the country would become rich — 
hopes which were tragically disappointed. Lord Seafield him- 
self, with characteristic foresight and caution, had abstained 
from participation in the venture. It was said that the 
authorities (mercantile and otherwise) in London, after their 
first fury at the idea of a purely Scottish enterprise had 
passed, and the drawbacks of the scheme were known, 
deliberately encouraged it with the intention of impoverish- 
ing, and thereby rendering innocuous the turbulent north. 
^400,000, or nearly half the capital available in Scotland at 
that time, was subscribed to the venture, and the greater 
part of this was lost, as well as a large number of lives. As 
a result of the failure and of consequent troubles with Spain, 
the English Parliament hurried on the question of corporate 
union, political and fiscal, between the two countries, which 
was consummated seven years later. 

A glimpse is given us of the excitement aroused, when 
in March, 1708, three French ships came to Garmouth, and 
some of their crews landed, but apparently only with the 
purpose of dining! It is further stated that they paid well, 
and subsequently " went aboard " — a very tame ending to what 
might have been an international complication (p. 124). 

Allusion is made to new legislation in 17 10, when houses 
having 20 or more windows had to pay a tax (p. 289). 
The window tax was first imposed in 1695, '" order to 
defray the deficiency in connection with the coinage. It was 
increased in 1746, again in 1778, 1797, 1802 and 1808, and 
reduced in 1823. The revenue from this source was in 1840 



INTRODUCTION. XIX. 

about a million and a quarter sterling, and in 1850, ;^i,832,684. 
This ill-advised tax was repealed in 1852, and the Inhabited 
House Duty took its place. 

At the time of the Hanoverian Succession, feeling in the 
north did not at first run very high, as witness the interesting 
anonymous letter on p. 291 ; but later, in 171 5, Banffshire 
supplied a considerable contingent in support of the old 
Chevalier. The following people were concerned in the Stewart 
cause of that date (p. 137): — the Duke of Gordon, who 
was arrested very early, and in consequence took no part in 
Mar's campaign, his eldest son, the Marquis of Huntly, who 
was one of the leaders of the rising, the Earl Marischal, 
Lord Deskford, but only half-heartedly, in spite of what he 
suffered in imprisonment and otherwise at the hands of " those 
rogues the Whigs" (p. 303, et seq.), James Ogilvie, younger 
of Boyne, Sir James Abercromby of Birkenbog, Sir James 
Dunbar of Durn, Charles Hay of Rannas, Charles Gordon 
of Glengerack, James Gordon of Letterfourie, George Gordon 
of Buckie, John Gordon of Glenbucket, George Gordon of 
Carnousie, John Gordon of Auchyndachy, Sir James Gordon 
of Park, and Major-General Alexander Gordon of Auchintoul, 
who had served with Peter the Great. The last-named Laird, 
for his share in the rising, was attainted, but owing to his 
name being given as Thomas, instead of Alexander, in the 
act of attainder, his estates escaped forfeiture ! The Jacobites 
who " came in " after the suppression of the rising, were 
treated mildly, and, on p. 322, will be found a list of those 
who surrendered at Banff in 17 16. 



XX. INTRODUCTION. 

A great deal of information is given regarding the manage- 
ment of the roads of Banffshire. It was only after the 
suppression of the rising of 1715 that the County Authorities 
in the north began to deal with these problems in a system- 
atic manner, though earlier laws were extant (p. 56). There 
are frequent references to the rebuilding of bridges, and the 
damage caused by rivers and burns " coming down in spate." 
Originally, the roads were made on the high ground, and 
often along the sides of the hills, on account of the boggy 
nature of the lower ground. The present roads are of much 
later date. 

During the Rising of 1745, Banffshire was once again in 
the throes of war. Amongst the chief men of the country 
who took part in it on the side of the Prince were Sir William 
Gordon of Park, who had been Preses at the Meeting of 
the Commissioners of Supply of the County, held at Banff 
on 17th May, 1745, Lord Lewis Gordon, brother of the 
Duke of Gordon, Dunbar of Durn, Andrew Hay of Rannas, 
George Hay, younger of Mountblairy, and George Abernethy, 
eldest Baillie of Banff. The neighbouring County of Aberdeen- 
shire also provided many supporters of the cause. 

Seven portraits are reproduced, to the owners of which 
grateful thanks are tendered ; three of these are in the collection 
at Cullen House, one in Gordon Castle, and three formerly 
hung in Duff House, but were taken south when that property 
was handed over to the towns of Banff and Macduff. The 
author originally intended to have 15 portraits in all, but before 
his death he decided to reduce the number, owing to the great 
expense of reproduction. Much care and labour were bestowed 



INTRODUCTION. Xxi. 

Upon this work by Major Grant, and the present editors record 
their great pleasure in having been permitted to put the 
finishing touches to the book — an interesting record of such a 
varied and important period of Scottish History. 

ALISTAIR N. TAYLER. 
HENRIETTA TAYLER. 

January^ ig22. 



CONTENTS. 

PACK 

Chapter I. — The Sheriffs, County Barons and Freeholders, 
and the Commissioners to Parhament, 
1664-1722 I 

Chapter II. — Commissioners of Supply, of Excise and of 
the Pole, and Justices of the Peace, 1661- 
1718 141 

Chapter III. — Road Administration from 1710 to 1760 ... 329 

Chapter IV. — Commissioners of Supply and Justices of the 

Peace, 1719-1760 (complete only to 1750) 397 



PORTRAITS. 

I. — James, 4th Earl of Findlater and ist Earl of Seafield Frontispiece, 



TO FACE PAGE 



2. — Alexander Duff, of Braco ... ... ... ... ... 49 

3. — George, Duke of Gordon, the Marquis of Huntly, and 

the Duchess of Perth 137 

4. — Brigadier-General Alexander Grant ... ... ... 313 

5. — James, Lord Deskford, 5th Earl of Findlater, and 2nd 

Earl of Seafield ... ... ... ... ... ... 331 

6. — William, Lord Braco, and ist Earl Fife ... 343 

7. — Sir William Gordon of Park 373 



RECORDS OF THE COUNTY OF BANFF. 



CHAPTER I. 

The Sheriffs, County Barons and Freeholders, and the Commissioners 
oj Banffshire to Parliament, 1664-1722. 

THE oldest extant minute book of the Barons and Freeholders of 
the Sheriffdom of Banff begins on 15th April 1664, and ends 
on loth April 1722. It gives biennial lists of the Barons and 
Freeholders of the shire, who at Pasch and Michaelmas were bound to 
attend the Head Court in Banff to give suite and presence there to the 
King, who was represented by the Sheriff Principal or his depute. 
After 1668 the volume records the procedure at the various elections 
by the Barons and Freeholders of two Commissioners to represent the 
county in the Scots Parliament. It also gives some few items bearing 
on the executive government of the county, the oldest county record 
of which otherwise does not begin until i6g6. It may be noted that 
baron as here used has no reference to the peerage. It is a Scots term 
applied to a freeholder whose lands had been erected into a free 
barony, within which the baron or owner exercised civil and criminal 
jurisdiction. 

The minute book of the Barons and Freeholders opens with the 
following narrative and now somewhat mutilated engrossment of the 
commission granted by King Charles II. to Sir James Baird of 
Auchmedden, appointing him Sherift' Principal of Banftshire, an 
office vacant through the death of James, Earl of Buchan. The 
restored parts of the commission are shown within square brackets. 

Att and within the tolbuith of the Burghe of Banff the third 
day of Merch, the yeer of God lajvi and sixtie foure^ yeirs. 

Whylk day compeared personallie ane bono" gentleman. Sir James 
Baird of Auchmedden, knight, who produced ane comissione patent 
granted to him by our S. L. the Kings Matie under his Maties great 
seall of his ancient kingdome of Scotland for exerceing of the office of 
Shirreffship within the bounds and limitts of the Shrefdome of Banff,' 

' Over the words "sixtie foure " are erroneously superinduced the words " fiftie sex." 



2 RECORDS OF THE COUNTY OF BANFF. 

and that during all the dayes of the said Sir James Baird his lyftyme, 
by qch comissione our sd S. L. gaive, granted and disponed to the 
sd Sir James Baird the sd office of Shirreffship during the space 
forsaid, with all fees, profeitts, casualties, privileges and imunities therto 
belonging, with power to him to enjoy and apply the same to his owen 
proper use, and to elect nominat and choyse deputts ane or mae (for 
whom he shall be answerable), and all serjands and officiars of court 
(except the Shref Clerk), and to act and doe evrie thing else belonging 
to the sd office of Shirreffship, als fullie and amplie in all respects as 
anie Shreff Prin" w'in anie Shrefdome of the sd kingdome of Scotland 
heirtofore hath done or shall doe, as the said comissione of the datte 
efter spect in its selff bears, which the sd Sir James Baird ordained to 
be insert and regrat in the Shreff books of Banff therin to remayne to 
future memorie, and wherof the tenor followes and is thus : — Carolus 
Dei gratia Magnae Britaniae Franciae et Hiberniae Rex Fidei Defensor 
Omnibus probis hominibus suis ad quos piites literae nostrae 
pervenerint salutem : Sciatis quia nos considerantes fidele servitium 
nobis per dilectum nostrum Dominum Jacobum Baird de Auchmedden 
militem praestitum et suspensum ejusqe animi dotes et fidelitatem ad 
fungendum officio subscripto : Quin etiam intcUigentes officium 
Vicecdmitis Principalis vicecomitatus nostri de Banff nunc in manibus 
nostris vacare et ad nostram donationem existere ex obitu praedilecti 
nostri consanguinei Jacobi Comitis de Buchane novissimi Vicecomitis 
Principalis ejusdem nostri vicecomitatus : Igitur asedimus consti- 
tuimus et ordinavimus tenoreq piitium facimus constituimus et 
ordinamus praefatum Dominum Jacobum Baird duraiid olbus suae 
vitae diebus Vicecomitem Principalem praedicti vicecomitatus de 
Banff intra universos limites et jurisdictionem ejusdem ac dedimus 
concessimus et disposuimus tenoreq piitm' damus concedimus et 
disponimus memorato Domino Jacobo durante spatio antedicto idem 
officium cum omnibus feod proficuis casualitatibus privilegiis et 
emolumentis exspectand et pertinand : Cum plena potestate sibi 
eisdem fruendi percipiendi et ad ejus proprium usum aplicandi ac 
etiam deputatos unum seu plures (pro qui respondere tenebitur) creandi 
et substituendi ac shjandos aliosq curiae officiarios (demptis clericis) 
nominandi at generaliter omnia alia et singula necessaria ad dictum 
officium et executionem ejusdem spectand faciendi non [minora] juris 



THE SHERIFF PRINCIPAL. 3 

libertate in olbus respectibus quam [quicunque alius] Vicecomes 
Principalis cujusvis alterius [vicecomitatus in eojdem regno nostro 
simili officio potitur . . . est quorumq tempore elapso mandamus 
cunctis nostris subditis [ut praefato] Dno Jacobo [Baird in executione 
dicti officii vicecomi] tis parate morem gerere In cujus [rei testimonium 
pre] sentibus magnum sigillum nostrum [appendi raandavimus apud] 
aulam iiram de Whythall decimo sexto [die mensis . . . anno] Dni 
millesimo sexcentesimo sexagesimo [quarto et anno regni nostri] decimo 
sexto per signaturam manu [S.D.N. Regis suprascriptam] , et sic a tergo 
subscribitur. Writ [en to the great seal and registered the] fourt of 
Febrii 1664. 

The Sheriff, from e^rly historic times in Scotland, was the King's 
representative in the county. The office was borrowed from English 
usage by the early Scots Kings, when consolidating their authority 
over the nation. In theory, though the nominee of the King and 
holding place at his pleasure, the Sheriff soon came to be in almost 
every case the most powerful noble within the county ; and the office 
from early times tended to become hereditary. Sir John Skene, writing 
in the reign of James VI., said — " Schirreffs in this realme hes their 
offices given to them be the King in heritage, contrair to the Act of 
Parliament, Ja. II., par. 11, c. 44, quhilk is the cause of great enormities 
and wranges, be reason the Schireifes being infeft heritablie thinkis 
themselves sure of their office, and regairdis nocht the execution." 
Sir James Baird's commission, and those of his colleagues and 
successors in Banffshire shew that in the seventeenth century the office 
was not hereditary, or even strictly a life appointment, being held ad 
bene placitum, or at pleasure. As the King's representative in the 
county, the Sheriff presided at the biennial head courts of the Barons 
and Freeholders of the county held at Banff. He also, until 1681, 
presided at the meetings of the Freeholders when they were called to 
elect the Commissioners of the Shire to Parliament, and might be 
elected to that office. He collected crown rents and casualties, and 
performed other duties of an executive nature. On his judicial side, 
which is not treated here, he constituted and was chief of the King's 
civil and criminal courts in the county, appointing deputes and all other 
necessary officials, except the Sheriff Clerk. He often presided at the 
ordinary civil and criminal courts, though that duty was in course of 
time chiefly performed by his deputes, who came to be appointed for 
their knowledge of law. The remuneration of the Sheriff Principal 
and of his deputes for long consisted of fines or unlaws, escheats and 
fees. 



4 records of the county of banff. 

The Bairds of Auchmedden. 

The family historian, William Baird,' last of Auchmedden (1701- 
1777), places Sir James Baird fifth in direct descent from Andrew Baird 
of Lavorocklaw, Fifeshire, a cadet of the Bairds of Posso, Tweeddale. 
This Andrew Baird, on 23rd February, 1539, acquired under reversion 
from the Earl of Buchan the lands of Auchmedden, Aberdeenshire. 
The family soon took root in the north, and spread in influence in 
Aberdeenshire and Banffshire. Andrew Baird's son George, second of 
Auchmedden, married, in August 1550, Elizabeth Keith daughter of 
Alexander Keith of Troup, in Gamrie Banffshire, and niece of the then 
Earl Marischal. His wife's aunt. Lady Anne, who married the Regent 
Moray, and on his death the Earl of Argyle, brought to George Baird 
employment, influence and territorial aggrandisement. On loth May, 
1568, the Regent, who then held the Earldom of Buchan in ward, 
conveyed the estate of Auchmedden absolutely to its wadsetter George 
Baird in consideration of many acts of utility and friendship and sums 
of money. Notwithstanding his connexion with the Protestant Regent 
Moray, Baird and his successor adhered to the Catholic cause. On 
28th October, 1562, he was present under the Earl of Huntly at the 
disastrous fight of Corrichie, which for a time laid low the Gordon and 
Catholic power and influence in the North. He died on 2gth May, 1592, 
and was succeeded by his eldest son Gilbert, third of Auchmedden. 
Another son was George Baird, who acquired Corskie, Banffshire, from 
whom descend the Bairds of Chesterhall in Midlothian, whose founder, 
James Baird, an Edinburgh lawyer, interested himself in Banffshire 
affairs about the beginning of the eighteenth century. 

Gilbert, third of Auchmedden, married, on i6th August, 1578, 
Lillias heiress of Walter Baird of Ordinhivas Fordyce, thus linking 
on the Auchmedden Bairds to those of Ordinhivas, who date back to 
1430, according to the family historian. There is an old tradition that 
Gilbert had the extraordinary number of 32 sons and daughters by his 
wife. He died on 23rd February, 1620. He was succeeded by his 
eldest son George, fourth of Auchmedden, who extended the family 
influence by marrying, on 17th October, 1616, Anne Eraser daughter of 
the Laird of Philorth. He took an active interest both in local and 
national affairs. From 1628 to 1638 he was Provost of Banff. In the 
Civil War he at first took sides with the Royalists, and was present at 
the Trot o' Turra' in May, 1639. A year later he was, according to 
Spalding, in line with the Covenanters. Death, however, on 12th 
February, 1642, saved him from its chief turmoil. His younger brother 
James practised law in Edinburgh, and was appointed by Charles L 
Commissary of the Ecclesiastical Court of Scotland. He died before 
*■ Genealogical Collections concerning the Surname of Baird, Edin., 1857, and Lond., 187a 



THE SHERIFF PRINCIPAL. 5 

his patent creating him Lord Deveron passed the seals. James Baird's 
two sons, James and Robert, were founders of the famiHes of Newbyth 
and Sauchtonhall, in the Lothians. 

George Baird was succeeded by James Baird, fifth of Auchmedden, 
Sheriff Principal of Banffshire, who, when young, was sent south to 
Edinburgh. There he received his education with his uncle the 
Commissary's son John, who afterwards at the Restoration was made a 
baronet, and ultimately reached the bench as Lord Newbyth. In 1641 
James Baird married Christian, only daughter of Walter Ogilvie of 
Boyne, Banffshire, and sister of Sir Patrick Ogilvie of Boyne, Lord 
Boyne. In those days relationship and " moyen " went hand in hand ; 
and accordingly relationships have to be carefully noted. The Ogilvies 
of Boyne, whose estates stretched from Banff to Portsoy, were a 
younger branch of the Ogilvies of Airlie. The Ogilvies of Airlie were 
then represented by the Lord Airlie, who had possessions in and near 
the county town of Banff. The Earls of Findlater were cadets of 
the same family, and so also were the Lords Banff. 

Like his father, James Baird took an interest in the government of 
the county town, and acted as Provost of Banff during 1646-7. In 
the critical times after the execution of Charles I., judging from a 
letter to him from the Marquis of Huntly, dated October, 1651, which 
William Baird has preserved, he seems to have favoured the Royalist 
cause. Like most other proprietors in Scotland James Baird ultimately 
acquiesced in the rule of the Commonwealth. Part of his lands were 
in Aberdeenshire, and he, along with the laird of Udny, were in 1652 
appointed Commissioners by the Freeholders of Aberdeenshire to the 
Scottish Convention which, on 26th February, settled at Dalkeith with 
the English Commissioners the Articles of Union incorporating 
England and Scotland. At that meeting he became acquainted with 
General Monk. William Baird in his memoir gives letters from 
James Sharp, minister of Crail, afterwards Archbishop of St. AndrevNS, 
to James Baird during the period of the Commonwealth, and there 
seems little doubt that their friendly relations were of mutual advantage 
in the rise of both to place and power. At the Restoration, James 
Baird received the honour of knighthood. In a Sasine minute of 7th 
May, 1661, he is named Sir James. On loth January, 1664, he was 
elected and sworn in one of seventeen elders of the Parish Church 
of Banff. The others included Robert Hamilton, brother-in-law of 
Archbishop Sharp, Robert Sharp, Sheriff Clerk of Banffshire, the 
Archbishop's brother, and Patrick Stewart, who represented the Burgh 
of Banff at that time in Parliament. On 3rd March following, Sir 
James Baird, as before narrated, was installed Sheriff Principal of 
Banffshire. At the Michaelmas Court of i66g the Laird of Auch- 
medden was entered in the suite roll after Lesmurdie for the lands 



6 RECORDS OF THE COUNTY OF BANFF. 

of " Pitger, Awalds and Cairnandrew ." He does not appear in the roll 
before that date, although he was elected Commissioner for the 
Shire to the Parliament that met on 2nd August, 1665. He had 
three sons and three daughters. His eldest son, James, became 
conjunct Sheriff Principal with him in 1672. His eldest daughter, 
Elizabeth, married Sir James Abercrombie of Birkenbog, as his third 
w ife, on 22nd August, 1668 ; and, after his death, married Patrick 
Ogilvie, younger brother of the Chancellor, Earl of Seafield. His 
youngest daughter. Christian, married, c. 1676, George Leslye of 
Burdsbank, Sheriff Clerk, and Clerk to the Commissioners of Supply 
of Banffshire. Besides William Baird's book referred to, Dr. Cramond's 
" Annals of Banff," New Spalding Club, the Editor!s " Seafield 
Correspondence," Scottish History Society, and this volume contain 
information about Sir James Baird. He died in July, 1691. 

From the Minute Book of Banffshire Sasines. 

16 Jary., 1663.— Seasing Sr James Baird of Auchmedden, Knt, 
of ye pleugh of land called the Newtoun of Northfeild and ye shaddow 
half of ye tounc and lands of the pleugh of Greenley. 

14 Der., 1664. — Seasing Sr James Baird of Auchmedden, Knight, 
of the tounes and lands of Monenie, wt ye myln aud myln lands 
yrof, and of the touns and lands of Auld and New Draidlend and 
pendicles yrof called Smidditoune and Clintertie, togither wt vc 
multurs of Auquhorsk, Whythill and Greenscares. 

Novr. or Deer., 1667. — Saising Sr James Baird off Auchmedden 
and Sr John Baird of Newbyth off and upon all and haill the lands 
of Pennen and Clinterbre — and maner place, the toune and lands off 
Glenhuiss and Kinbeam, the supcrioritie of the tounes and lands off 
Auchmedden and pendicles yroff cailled Lenniehous, Glencouthill and 
mylne yroff, Kinbeam, Litle Byth, Claiverie faulds, Towie, Pettger and 
Awalds and uthers, with the pertinents. 

Roll of Barons and Freeholders. 

The second entry in the minute book is the roll of the Barons and 
F"reeholders of Banffshire, made up at Pasch, 1664, and relative minute. 
The greater part of the volume is made up of similar biennial lists, 
which are mostly repetitions. To avoid unnecessary reiteration, only 
the changes are indicated, until the roll has substantially altered. 
When dealing with changes, occasional short illustrative notes on 
the freeholders' land rights in the county, taken from a MS. copy of 
the Minutes of the Particular Register of Sasines for Banffshire, are 
given. 



BARONS AND FREEHOLDERS. 7 

Curia Capitalis vicecomitatus de Banff tenta in pretorio ejusdem 
per Dominum Jacobum Baird de Auchmedden militem Vice- 
comitem Principalem dicti vicecomitatus ct Robertum Hamil- 
toune ejus deputatum pro tribunali sedeii decimo quinto die 
mensis Aprilis anno Dm millesimo sexcentesimo sexagesimo 
quarto quo die sextis vocatis Curia legittime affirmata fuit. 

The Marques off Huntlie for his landes and lordship off the forrest 
off Boynde, Enzie, Auchendowne, Strathaven, Ruthven, Inveraurie, 
Fetterletter and GairtUe. 

The Earle off Marshiall for his lands off Inverugie, Durne and 
Auchenhampers. 

The Earle of Buchanc for his lands and lordship off Glendowachie, 
Downe and Monblerie. 

The Earle of Airlie for his landes of Bachlaw, Alvach and Tippertie. 

The Earle of ffindlatcr for his landes and lordship off Deskfuird, 
ffindlater and Castellfeild. 

The Viscount off ffrendraught for his lands of Convoye, Kinairdie, 
Neytherdeall and Tortries. 

The Lord Banff for his lands of Sandlaw, Inshdruer, Blairshinnoclj, 
Ord and Raitties. 

The Lord Oliphant for his landes of Pittendreich, Airdfour and 
Auchininnae. 

The Laird of Kinminnitie for his lands and lordship of Balvenie. 

The Laird of Boynde for his lands and thayndome of Boynd. 

Sr. Alexr. Urquhart off Cromartie for the half lands of Dunlugus 
and Muirdenne. 

The Laird of Rothemay for the landes theroff. 

The Laird of Park for the barronie of Edinglassie and Glenmarkie. 

The Laird of Gight for the lands of Corronassie. 

The Laird of Bellandalloch for the lands yrof and Tullocharrine. 

The Laird of Ryland for his landes of Outlaw. 

The Laird of Baldavie for his lands theroff. 

James Hay of Rannes for the lands of Muldavet. 

The Laird of Kilmachlone for the lands yroff. 

The aires and successores off Lesmurdie for the lands yroff. 

The Laird of Crombie for the barronie yroff, , 



8 RECORDS OF THE COUNTY OF BANFF. 

The Laird of Craigstoune for the barronie of Beldornie. 

The Laird of Troupe for the lands yroff. 

Johne Gordoune off Buckie for the lands of Freuchny. 

The Laird off Auchentoull for the lands yroff. 

The Laird off Carnousie for the lands yroff. 

The Laird of Kempkairne for the lands yroff. 

At Banff the fyfteinth day off Apryle, lajvy and sixtie three (?) 
[four] yearis, in presence off Sir James Baird off Auchmedden, 
Shreff Prin" 

The sd day the whole noblemen, barrones and gentlemen abwritten 
on the other page being thryse called and not compeirand wes amerciat 
ilk ane off them in the soume off fiftie poundes moey for defect of sute, 
and the lyk soume off fiftie poundes moey for defect of presence, 
except the lairdes of Boyn and Rothemay, who were personallie 
present, and the Earles off Airlie, flfindlater and Lord Banff, who 
compeired by Patrick Steuart in their name, and Mr. David Gordowne, 
who compeired for the laird off Park his fayther, wch amerciaments is 
ordained to be payed wtin term off law, and precept ordained to be 
direct therupone. Qron : Ja. Baird. 

The Gordons of Park. 

At the Michaelmas Head Court of 1664, Sir John Gordon, laird of 
Park, had " Park " added to his qualifications, to be dropped in the next 
Pasch roll of 1665. The Balbithan MS. puljlished in Vol. I. of "The 
House of Gordon " (New Spalding Club), states that of the three 
daughters of Sir John Gordon, second laird of Park, one married the 
Laird of Muirhouse Lyon, another married the Laird of Eden Leslie, 
the third daughter married the Laird of Tillery Cuthbert. Sir John 
Gordon died before June, 1667, and was succeeded by his eldest son, 
Sir John Gordon, as third of Park. 

23 June, 1658 

Seasing given to Helen Gordone, second lau" daughter to Sir Johne 
Gordone of Park, of the yeirlie (Jrrent of the prin" sowme of four 
thousand merks furth of the landes and baronrie of Cornecairne. 

Seasing given to Marie Gordone of ane yeirlie @rent of 3000 mks 
furth of the landes of Corncairne. 



BARONS AND FREEHOLDERS. Q 

Seasing given to Sophia Gordone of the yeirlie @rent of 3000 mks 
furth of the lands of Cornecairne. 

Seasing given to Geo. Gordone of the yeirhe @rent of the prin^' 
sowme of 6000 mks furth of the sdes landes of Cornecairne. 

Seasing given to David Gordone of ane yeirhe @rent of the prin'i 
sowme of 4000 mks furth of the sdes landes. 

20 July, 1661. — Seasing Jon Gordone, eldest law'* sone to Sir Jon 
Gordone of Park and Elizabeth Grahame, his spous, of the lands of 
Cluney newmayns yroff. 

25 Apryle, 1663. — Renunciaone of ane yeirlie @rent, answrable to the 
prin'i soume of six thousand merks moy, granted by George Gordon of 
Edinglassie to Sir Jon Gordone of Park, knt, his father. 

14 Junii, 1664. — Seasing Sr. John Gordon of Park in lyfrent and 
Mr. David Gordon, his sone [in fiej of and upon the toune and lands of 
Auchoynanie, &c. 

25th Junij, 1667. — Saising Dame Elizabeth Grahame, spous to Sr. 
Johne Gordowne of Park, Knig', off and upon all and haill ane pairt 
and portion off the mayns of Park possest be Dame Helen Sibbald 
with the tour, fortalice, maner place of Park, all and haill these pairts 
and portions off the sd maynes comonlie called Greindykes, Starmyres, 
Bremunt, Bakwards and four oxgaitte lands of Auchanland and uthers, 
with the pertinents. 

8 May, 1678. — Saiseing given to Kaithercn Ogilwy, spouse to Sir 
John Gordon of Park, in conjunct fie and lyverent off all and haill 
the lands of ower and neyr Claymyres, ower and neyr Swelboig and 
Inschtamock as prin'^ lands, the lands of Scatterty, Mukle and Litel 
Boigtowne in warrandice and Sweillboig. 

The Abercrombies of Birkeneog. 

To the end of the Michaelmas Roll of 1664 was added "The Laird 
of Birkenbog, elder and yor for the lands yroft." In the Pasch Roll of 
1666 the words " elder and yor " are dropped. 

Sir Alexander Abercrombie of Birkenbog succeeded, c. 1647-48, 
his father Alexander,* Grand Falconer in Scotland to Charles I. 
An account of him and his ancestors is given by Mr. D. Murray Rose 
in three articles in the Banffshire Journal of October 28 and November 
4 and II, 1902, under the title. The Tragic History of the Abercrombies. 
Sir Alexander, whose immediately younger brother was Mr. John of 



lO RECORDS OF THE COUNTY OF BANFF. 

Farskane, founder of the family of Abercrombies of Glassaugh, was 
infeft in the family estates by charter under the great seal in favour of 
himself and Jean Urquhart, his spouse, second daughter of Urquhart 
of Cromartie and of Dunlugus and Muirden in Banffshire, on 2nd 
February, 1629 (Reg. Mag. Sig., lii., fol. 153). His patent as a Baronet 
of Nova Scotia dates from 20th February, 1636. He was Commissioner 
for the County of Banff from 1641 until 1663. During the covenanting 
struggle he became, in the words of Spalding, "a main Covenanter," 
and received from the Estates a commission as Sheriff of Banffshire. 
In February-, 1644, he appeared as Sheriff at Bog of Gight with a few 
horse to apprehend the Marquis of Huntly for not subscribing the 
covenant, but Huntly refused to recognize the validity of his commission, 
and told him to begone. At the Restoration he appears as a Royalist, 
and was present as Commissioner for Banffshire at the Scots Parliament 
which met in Edinburgh on ist January, 1661, and ended on gth 
October, 1663. Judging from the following sasine minutes, his second 
wife, Jean, daughter of James Sutherland of Kinminity, Keith, was 
married to him in January, 1668, and did not survive many months. 
He married his third wife, Elizabeth, daughter of Sir James Baird 
of Auchmedden on 22nd August, 1668. By her he had two sons, his 
eldest, James, and Alexander who, on 26th June, 1699, ^ succeeded 
his cousin George Abercrombie of Skeith Banffshire, and of Tullibody, 
as laird of Tullibody. This Alexander married Mary, daughter of 
Alexander Duff of Braco, and was ancestor of General Sir Ralph 
Abercrombie, and of the Lords Abercrombie. Sir Alexander had a 
daughter, Marie, who married, c. 1665, George Gordon of Edinglassie. 
On 14th September that year a receipt was granted on his behalf to 
Alexander Abernethie of Meyan for Rothiemay's proportion, 200 merks, 
due Sir Alexander for attending Parliament in 1662-3. He was alive 
in 1682. 

29 Jary., 1668. — Saising Dame Jean Sutherland, spous to Sr Alex- 
ander Abercrombye of Birkinbog, off and upon all and haill the toune 
and lands off Cairnetoune, the tou.ne and lands of Towie and mylne 
yroff, the toune and lands of Clashindamer, Burnside, W^indsholl, 
Sumertoune, Muttonbray and uthers vith the pertinents. 

26 August, 1668. — Saising Mistres Elizabeth Baird, spous Sr Alexr. 
Abercrombye off Birkinboge, off the toune and lands off Cairntoune, 
the toune and lands of Towie, mylne and mylne lands theroff, the 
toune and lands of Clashindamer, Burneside, Windshole, Simertoune, 
Muttonbrae and uthers vith the pertinents. 

~* See Seafield Correspondence, Scottish History Society, pp. 269 and 27a 



BARONS AND FREEHOLDERS. 11 

12 Jary., 1682. — Saisine given to Sr Alexr. Abercromby of 
Birkenboig, Knight Barronet, in lifrent, and James Abercromby, his 
eldest law'^ son, in fie, of all and haill the toune and lands of Hillend, 
the lands of Ordinhuiffes, w^ the pendicles called the Oldtoune of 
Ordinhuiffes, Achip, Muttonbrae, Symertoune, Wintertoune, Windsholl, 
Windsyd, with the pertinents. 

ig Jary., 1682. — Saisine given to James Abercromby, eldest law" 
son to Sr Alexr. Abercromby of Birkenboig, of all and haill the toune 
and lands of Gallcorss, with the toure, fortalice, maner place yrof, w* 
the pertinents. 

The Ogilvies of Kempcairn. 

In the Pasch Roll of 1665, Ogilvie, laird of Kempcairne, Keith, 
a cadet of the Ogilvies of Findlater, was entered as holding Drumna- 
keyth, and Kempcairne was dropped. Alexander Ogilvie of Kempcairn, 
second son of Sir Walter Ogilvie, first Lord Deskford, married 
Katherine, ^ fourth daughter of John Grant, fifth laird of Freuchie, Chief 
of the Grants. In 1664, this Alexander appears as an elder of Keith 
Parish Church. ^ He was succeeded by his son John, mentioned in the 
following minutes : — 

7 July, 1664. — Seasing James, Earle of ffindlater, of the superioritie 
of the lands of Kempcairn, Meikle Drume, Westertoune and Corss, 
and of the patronages of the Churches of Banff and Inverboyndie, 
and of the bailzearie of the lands and barronie of Strathilay. 

I Appryll, 1680. — Saisine given to Alex''. Ogilvie, eldest law" son 
to John Ogilvie, of Kempcarne, of all and haill the toune and lands 
of Kempcarne the maner place yrof w' the millne of Kempcarne w"^ 
the pertinents. 

Saising last Jary, i6go. — George Ogilvie, brother to Alexander 
Ogilvie, of Kempkairn, of ane yearly @rent of 80 libs out of anie 
pairt of the said Alexander his estate of Kempcarne, or otherwayes. 

Saising last Jary, 1690. — Mistris Margaret Ogilvie, sister of Alex"". 
Ogilvie of Kempcarne, of ane yearly @rent of 160 libs out of anie 
pairt of the said Alexander his lands or estate within the parochines 
of Keith and Grange. 

Saising last Jary, i6go. — Mrs. Elizabeth Ogilvie, sister to Alexander 
Ogilvie, of Kempcairn, of ane yearly @rent of 120 libs out of the 
same lands. 

• Fraser's "Chiefs of the Grants," Vol. I., p. 196. 
^ Dr. Cramond's Church of Keith. 



11 RECORDS OF THE COUNTV OF BANFF. 

Saising last Jary, i6go. — Mrs. Anna Ogilvie, sister to Alexander 
Ogilvie, of Kempcairn, of anc yearly @rent of 120 libs out of the 
same lands. 

28th February, 1709. — Sasine to John Ogilvie, elder of Kempcairn, 
Mary fforbes his spous, and John Ogilvie yr grandchild, eldest lavv^l sone 
to Alex' Ogilvie, your of Kempcairn, off all and haill the toune and 
lands of Over and Neyr Moungrews, w' the mill yrof called the Milne 
of Myres, multures and sequells of the samen, w^ the ptenents. 

At the Pasch Court of 1668, James Sutherland, laird of Kinminity, 
Keith, father of Alexander Sutherland, cadets of the Lords Duffus, 
dropped out of the roll as superior of the lordship of Balvenie, and 
that subject was returned blank until Pasch, i66g, when Alexander 
Eraser, yr. of Philorth, was entered for that lordship. For an account 
of the lordship of Balvenie, see Baird's '* Genealogical Memoirs of the 
Duffs," and Dr. Cramond's " Castle and Lords of Balvenie, 1892." 

19 Sepr., 1668. — Saising Alexander ffraiser, younger of Philorth, 
off the lands and lordship off Balvenie vith the advocatione and 
donatione off the paroche Church of Aberlour and chaplanrie of 
Boharme, vith the pertinents. 

The Sutherlands of Kinminity and Balvenie. 

July 8, 1665. — Seasing Alexander Suyrland, yor of Kinminntie, of 
the lands and lordshipe of Balvenie, ye lands and barronie of 
Botriphnic, ye lands and barronie of Aberloure, the toune and lands 
of over and neyr Kinmunntys and uyrs lands and priviledges com- 
prehended w^n ye sds lordship and barronies. 

July 8, 1665. — Seasing Alex^ Suyrland, yor of the lands of over 
and neyr Kinminutys all and haill ye lands and lo of Balvenie, 
the lands and barronies of Botriphnie and Aberloure c.prchending 
severall uyrc lands and priveledges. 

8 July, 1665. — Seasing Jean Forbes, spous to Alex^ Su}rland yor 
of Kinminuty, of all and haill ye mayns of Balvenie extending to 7 
chalders victuall w^ ye kill yrof extending to 4 bolls victuall, w' yt 
pt of ye lands of Lecachic extending to 4 chalders victuall, togithcr 
w^ ye toune and lands of Tomnamuyde extending to sex bolls 
victuall, w* ye teynd sheavs of the lands above wrin and viccariage of 
ye mayns of Balvenie. 



BARONS AND FREEHOLDERS. I3 

8 July, 1665. — Seasing \Vm. Suyrland, broyr german to Alex''. 
Lord Duffus, of ane yeirlie @rent of live hundreth and fourtie punds 
scots, to be uplifted furth of ye mayns of Balvenie. 

The minute of the Pasch Court of 1668 is a sample of many, noting, 
as it does, the many absentees who were fined. 

At Banff the twentie seavinth day off Merch lajv & sixtie eight 
years, Georg Steuart, SherefT deput. 
The whole Nobles and Barronnes called thryse and not compeirand 
except the Earles of Airlie and ffindlater, who compeired by Thomas 
Ogilvye and James Brockie, Cromertie personallie present, Patrick 
Steuart for Rothiemay, James Brockie for Park, Alex^ Brockie for my 
Lord Banff, ilk ane off them amerciat in the soume off fiftie poundes 
moey for defect off sute and the lyk soume for ther personall presence, 
to be payed wUn term off law to the Pror. phiscall under the payne off 
poyndeing. G. Steuart. 

The Lords Banff. 

23 Der., 1657. — Seasing Georg, Lord BamfT, of the toune and landes 
of Barnehill, Deyhill. 

23 Der., 1657. — Seasing Lord Bamff of the landes of Melrose and 
milne yroff. 

6 May, 1659. — Seasing Geo., Lord Banff, of two pleughes of land 
in the Oldtoune of Carnowses. 

George, ist Lord Banff, " surnamed Ogilvie, neare octogenarius," 
died on Sept. 5, '63.^ 

22nd Febry., 1664. — Seasing George, Lord Banff, of the landes 
and barronie of Inchdrower, of the lands and tenendrie of Blairshinnoch 
and Rattie, of the lands of Outlaw and Rosieburn, of the lands 
and barronie of Forglen, of the lands and tenendrie of Ord, w' yr 
pertinents. 

6 March, 1665. — Seasing George, Lord Banff, of the tounes and 
lands of Deyhill, Barnhill, Gelliehill, and Gelliemyln, and Auldailhous. 

26 September, 1665. — Seasing ane Noble Lady Dame Agnes 
Falconer, Lady Banff, in lyfrent of the lands and barrony of Forglen, 
maner place and mansion of Forglen, Kirktoun of Forglen, Ribrays, 

'Diary of John Row. "Scottish Notes and Queries." Vol. VII., p. 70. 



14 RECORDS OF THE COUNTY OF BANFF. 

and Cottouns, haugh of Muresk, lands of Whytfeild, salmond fishing 
on Dovern water. 

12 Junij, 1666. — Seasing George, Lord of Banff, off the lands and 
barronie of Crombie, maner place and mayns therof, the toune and 
lands of Old Crombie, Burne of Whomie, Reidfuird, New Crombyc 
w' the mylne of Crombye, Braes of Crombye, Ramore, Drumfirie and 
Tillifaff, with their pertinents. 

15 ffebrj, 1668. — Saising George, Lord of Banff, off all and haill the 
lands of Ryland, mylne and mylne lands theiroff, the toune and lands 
of Eister and Wester Blacktouns, Murehill, Herrodhill, ower and 
neither Deuchries and uthers, vith the pertinents. 

March — '68. — Died my Lord Banff, ^ aetatis 

23 December, 1669. — Saising given to ane Noble Lord George, 
Lord off Banff, off the lands and barronrie of Inchdrower, off the 
lands and tennandrie off Blairshinoch and Rattie, off the lands of 
Outlaw and Roseburne, off the lands and barronie of Forglen, off the 
lands and tenandrie of Ord, off the toune and lands of Deyhill, Bairn- 
hill, Gelliehill and Gelliemilne, and of the toune and lands of Crombye 
theirin comprehending the particular touns, lands, mylnes, mylne lands 
and uthers, with the pertinents. 

18 November, 1673. — Saising George, Lord Bamff, off all and 
haill the lands and barronies of Doun and Monblarie, comprehending 
the toune and lands of Doun, the toune and lands of Silverfoord, 
Monbletone, ffortrie, milne and milne lands yroff, Bruntyeards, Bades, 
Myrehouse, the toune and lands of Boig, Boigs of Monblarie, Neutoune, 
Auldtoune yroff, the lands of Burrelldails, Linhead, Scotistoune, 
Bredmyre and Hallymilne, milne lands yroff. 

On 28 April, 1675, ^he crown issued a protection ^ to ' Lord Bamfe' 
for 3 years against paying @rents. Row ^ thus describes his death : — 
" Lord George Banff, an man of an very ewell life, was burnt to ashes 
in his bed Januar 30, 17 13, ther being none wMn the house that night 
butt himselfe and an servant woman, who made her eskeap when she 
was awakened w^ the flames, butt no possability to get the fire stopt, 
or to get my Lord relieved." 

' kow's Diary. "Scottish Notes and (Queries." Vol. VII., p. 122. 
'State Tapers (Scotland) Warrant Books, Vol. III., p. 2J4, in the Public Record Office, 
London. 

'Row's Diary. "Scottish Notes and Queries," p. 122. 



barons and freeholders. i5 

Gordon of Edinglassie. 

At the Michaelmas Court of 1669 there was added to the end of the 
roll " the Laird of Edinglassie for the land yroff," the Laird of Park being 
at the same time entered in the suite roll for the barronie of 
Edinglassie. The Balbithan M S. ^ gives Sir George Gordon of Edin- 
glassie, Invermarkie, Auchinhandock, Carnousie and Crannoch, as 
second son of Sir John Gordon, second laird of Park by his wife, Hellen 
Sibbald, daughter of Sir James Sibbald of Ramkiller, in Fifeshire. 
His wife, whom he married in 1665, was daughter of Sir Alexr. Aber- 
crombie of Birkenbog. On 25th Deer., 1669, an "Act, ^ in favours of 
George Gordoun of Edinglassie for ane yeerly fair on the hill of 
Invermerkie," was passed by the Scots Parliament. This fair is known 
as Glass market. On 7 Feby., 1677, a docquet of the warrant for a 
charter to George Gordon of Edinglassie on the baron}- of Rothiemay 
was issued by the Crown. ^ He was knighted by Charles H. in 1681. 

26 Apryll, 1665. — Seasing Marie Abercrombie, spous to Georg 
Gordone of Edinglassie, in lyfrent of the maynes of Edinglassie, 
Perkhaugh, over and neyr Dumeths, Glenbeig, Bonfaill, Hedriegall, 
Brasyde, Cottertoune and Burnsyde. 

8th Septr., 1669. — Saising George Gordone off Edinglassie, of all 
and haill that third part lands of Belchirie called Sockach, with the 
pertinents. 

The Urquharts of Cromartie. 

Before the Michaelmas Court of 1668 Sir Alexander Urquhart 
of Dunlugus and Muirden died, and his heirs and successors were then 
substituted in his place. Though so designed in the Banffshire suite 
roll, he was more commonly designed as of Cromartie, being younger 
brother and successor of Sir Thomas Urquhart of Cromartie, the 
translator of Rabelais, who died of a fit of laughter in 1661 through 
excessive delight on hearing of the Restoration ! The Urquharts of 
Cromartie early obtained a holding of land in Aberdeenshire. Adam, 
who was appointed Sheriff of Cromartie in 1357 by David 11., obtained, 
in 1365, a charter of the lands of Fishrie and Clashforbie in King- 
Edward. His descendant, Alexander, who was served heir to Fishrie 
in 1561, married Beatrix Innes of Auchintoul, by whom he had two 
sons, Walter, the elder, and John of Craigfintry or Craigston, who was 
commonly known as the tutor of Cromarty. He was so called as 

'The House of Gordon (New Spalding Club), Vol. I., pp. 36-39. 
-The Acts of the Parliaments of Scotland, Vol. VII., p. 662. 
3 State Papers (Scotland) Warrant Books, Vol. IV., p. 185. 



l6 RECORDS OF THE COUNTY OF BANFF. 

guardian of Walter's grandson, Thomas, who was knighted in 1617 by 
James VI. This Thomas was the father of the translator of Rabelais 
above mentioned, who was knighted in 1641 b)- Charles I. Walter, 
whose daughter married Walter Ogilvie of Dunlugus, was succeeded by 
his second son, Henry, who married Elizabeth, daughter of Sir George 
Ogilvie of Dunlugus. Henry's son, Sir Thomas of 1617, had two sons, 
Sir Thomas of 1641 and Sir Alexander above referred to. These inter- 
marriages with the Ogilvies of Dunlugus explain Sir Alexander's 
succession to that estate. The Royalist leanings of the Urquharts 
involved them in great losses, and, in 1663, the Scots Parliament ^ 
recorded a report by Sir Alexander Abercrombie of Birkenbog and two 
other Commissioners that the losses of Sir Alexander, of his brother 
and his father by the armies impowered by the pretended estates of 
Scotland before 1650, amounted to £"20,303 8s. lod. Scots ; while the 
estate of Cromartie, in 1651 and 1652, was 'sequestrat' by the English to 
the extent of ^^39,203 7s. Scots. In 1661 Sir Alexander ratified ^ a dis- 
position of the ' lands and barronie of Cromartie and the Shirreffship 
thairof,' in favour of Sir John Urquhart. He was appointed 
Commissioner of Banffshire to the Parliament, ^ which met on 9th 
January, 1667. He married a daughter of Lord Elphinstone, and their 
daughter Christian was the wife of James, second Viscount Frendraught. 

Gordon of Zeochrie. 

To the end of the roll of 1688 was added Mr. James Gordon, parson 
of Rothiemav, the well-known historian, for the barony of Zeochrie, for 
which the following minute shows that he had to give suite and 
presence only once a year. 

Banff, first off Junij, 1672 yeires, compeired George Gordone, 
eldest lawfull sone to Mr. James Gordone, barren of Zeochrie, and 
produced the sd Mr. James his charter of confirmatione of the sds lands, 
wheirin he is only obleidged to keep the head Michalmes court, and not 
the Pash court as his charter, of the daite the 24 August, 1663, bears. 

22 July, 1667. — Saiseing Katharine Gordowne, spous to Mr. James 
Gordowne, minr att Rothemey, off and upon the toune and lands of 
Whytmuire and Northrilsyde (?) and uthers, with the pertinents. 

16 November, 1669. — Saising Anna Gordone, youngest lawfull 
daughter to Mr. James Gordone, minister at Rothemey, off the 
toune and lands off Southmyreside two pairt and third pairt off the 
samen. 

'Acts of the rarliaments of Scotland, Vol. VII., p. 479. 
' Ibidem, pp. 70, 71. 
3 Ibidem, p. 537. 



BARONS AND FREEHOLDERS. I7 

15th Junij, 1686. — Saisirig Elizabeth and Anna Gordons, law^i 
daughters of the first mariadge procreatt betwixt Mr. James Gordon, 
miri'" at Rothimey, and Margaret his spouse, of the lands of Meyresyde, 
Whitmuir, meall house, Kirktoune of Aberchirder, and others. 

Lyon of Craigston Muiresk and Beldornie. 

The laird of Craigston, John Lyon, Elder, who was also laird of 
Muiresk, and who appeared from 1664 onwards in the suite roll for 
the barony of Beldornie, dropped out in tragic circumstances. He 
was either father-in-law or brother-in-law of John Gordon, fourth 
laird of Beldornie, who, according to the Balbithan MS., ^ married in 
1631 the daughter of the laird of Muirhouse [Muiresk]. By 1659 
Lyon had acquired an interest in what is part of the modern estate 
of Beldornie, as the following Sasine minute shows : — Last Feb., 1659. — 
Renunciatione Johne Lyone, elder of Muresk, and Jon Lyone, younger 
yroff, of the toune and landes of Belcherie. By 1664, he must have 
acquired the superiority of Beldornie, otherwise he would not have 
been entered in the county suite roll for that subject. Gordon seems, 
however, to have retained some hold of the lands, as the following 
Sasine minute shows: — 22 Der., 1664. — Seasing Jon Gordon of Bel- 
dornie of 5'e toune and lands of Beldornies, comprehending ye lands 

of Argalies, Lynbaine, myln lands yrof, ye lands of , ye east and 

west land of Gouls and salmond [fishing] yrof. 

Lyon's possession was evidently insecure ; and in 1663 he had 
recourse to the Justiciary Court at Edinburgh for protection from 
reiving highlanders, who had settled on the lands of Beldornie. 
Criminal letters were at his instance issued against them, returnable 
on loth July, 1663 ; but on that day Lyon was excused by the court 
because he could get no messenger to go and cite them in " Badenough 
where they lived." By ist August 1664 the letters were returned, 
and the accused were declared " fugitives for absence." On loth 
November, 1665, one of the Beldornie tenants, John Roy, in Auch- 
inhandock, was indited before the same court for harbouring and 
assisting Patrick Roy McGregor and other reivers in stealing 60 oxen 
and 17 cows belonging to John Lyon. The same day, Roy McGregor 
and his accomplices were declared fugitives. Early in 1666, one of 
them, Lauchlane Mcintosh, was tried, condemned and executed. 
The Justiciary proceedings ^ of 25th March, 1667, tell the rest of the 
story : — * 

'See "The House of Gordon" (New Spalding Club), by J. M. Bulloch. Vol. I., p. 12. 
-See Justiciary Recf)rds, Scottish History Society, Vol. I., pp. 198-200, 

C 



l8 RECORDS OF THE COUNTY OF BANFF. 

The said Pat, being also declared fugitive upon the information 
and prosecution of the said John Lyon, and letters of intercommuning 
and commission of fire and sword being direct against the said 
Patrick, he, in resentment of the said proceedings, vowed to be re- 
venged on the said John Lyon, and in prosecution thereof came to 
his lands of Belchirie, and the said Pat Drummond came there also 
with their associatts and plundered them ; and the said John Lyon 
having gone up to the saids lands to defend them, and being lodged 
in his house of Belchirie, the saids pannells and their associatts upon 
the last of Aprile, 1666, did besett the house, and brought straw and 
corn from the barn yards, and fired the same about the house where 
the said John Lyon and Alexr. Lyon his son were, and forced them 
out upon capitulation for their lives; and thereafter carryed them 
away with all their goods, horses and furniture to the Highlands, to 
the Braes of Abernethie at 16 miles distance from Belchirie, and there 
killed the said John Lyon and his son, giving them many wounds and 
strokes, and left their bodys in the open fields ; and thereafter quartered 
upon their lands of Belchirie, and oppressed the poor inhabitants; 
and thereafter with the number of 40 men did assault the town of 
Keith in Banffshyre for not paying black maill, and fought against 
these who opposed them, and in particular agt. Alexander Gordon of 
Glengaroch, and his brother Thomas Gordon, and John Ogilvie of 
Milton and their followers, and did wound and mutilate the said John 
Ogilvie and Thomas Gordon, and the pannells themselves being ill 
wounded at the time and not able to flee far were taken prisoners the 
next day, and conveyed from shyre to shyre to the tolbooth of 
Edinbr., where they are now prisoners, of the which crimes, etc., or 
ane or other of them, they are actors art and part and ought to be 
punished. 

The assize finds them guilty actors art and part of the haill crimes 
afore written, whereupon they are sentenced to be taken upon the 27 
of March instant to the mercate cross of Edinburgh, betwixt 2 and 4 
hours in the afternoon, and there to be execute in manner following, 
viz. : — The said P. Roy McGregor and P. Drummond their right hands 
to be first cutt off by the executioner, and then to be hanged to the 
death, and thereafter their bodies to be hung i;p in chains upon the 
gallows betwixt Leith and Edinburgh, and their haill goods to be 
escheat to His Majesties use, which sentence was accordingly execute. 
Vide the like sentence agt. their accomplices, 7th of May, 1668. 

Nota. — This Pat. Roy McGregor was a most notorious ar^l villanous person, but of a 
most couragious and resolute mind. He was a little thick short man red-haired 
and from thence called Roy Roy. He had red eyes like a hawk, and a tierce 
countenance which was remarked by every person. He endured the torture of 
the boots in the Privy Counsill with great oUtinacy, and suffered many strokes 
at the cutting of his hands with wonderfull patience to the great admiration of 



COMMISSIONERS OF THE SHIRE. ig 

the spectators, the executioner having done his duty so ill that the next day 
he was deposed for it. 

The following sasine minute refers to the eldest son who 
succeeded : — 

15th Aprill, 1668. — Saising Johne Lyone of Muiresk off all and 
haill the toune and lands of Beldornie, maner place yroff, the toune 
and lands of Belcherie, Lynbaines, mylne and mylne lands yroff, the 
toune and lands off Corithstoune, ower and neither Gowles, Litle 
Leatoch, Achnastank, Achlochies, Achbrek, Lagan, mylne of Lagan 
and uthers vith the pertinents. 

Commissioners of the Shire. 

For long all Barons and Freeholders in Scotland were bound to 
give personal suite and presence at the King's Court of Parliament. 
This obligation the smaller Barons evaded as irksome, and in 1427 they 
were by statute relieved of personal attendance, on condition of their 
electing to represent them two or more Commissioners of the Shire 
from each county except Clackmannan and Kinross, which were to 
send one Commissioner each. In 1587 the election of Commissioners 
was more carefully regulated, and it was then enacted that they 
must be King's freeholders resident within the shire, that all 
freeholders of the King under the degrees of Prelates and Lords of 
Parliament be warned by proclamation to be present at the choosing of 
Commissioners, and that none were entitled to vote but such as had 
forty shilling land in free tenandry holden of the King, and had 
their actual dwelling and residence in the shire. In 1661, proprietors 
who possessed Church lands valued at ten chalders of victual yearly, or 
one thousand pounds (all feu-duties being deducted) were enfranchised, 
and were declared capable of being elected Commissioners. Though 
the County Records are silent, we know from the Acts of the Parlia- 
ments of Scotland that Sir Alexander Abercrombie of Birkenbog repre- 
sented Banffshire in the Parliament that met at Edinburgh between 
January 1661 and 1663, while Sir James Baird of Auchmedden, 
Sheriff Principal of the county, was Commissioner to the Parliament 
that sat in 1665. Sir Alexander Urquhart of Dunlugus was Com- 
missioner to the Convention of Estates that sat in January, 1667. 
Though there was then only one representative from Banffshire, the 
normal representation was two. The following minute recounts the 
election of two Commissioners of the Shire on ist October, 1669: 

At and within the tolbuith off the Brughe off Banff the first 
day of October, lajvi and sixtie nyne yeires, being the Heid 



20 RECORDS OF THE COUNTY OF BANFF. 

Michaelmas Court holdine by ane bono* gentleman, Sr James 
Baird of Aucbmedden, Knigbt, Sbirreff Prin" off tbe sd 
Sbirreffdome. 
Tbe suitts called, tbe Court being lawfullye fenced and affirmed — 
Tbe wbilk day the Barrons and Freeholders off tbe said Sbirreff- 
dome being conveened in obedience to bis Maties proclamationc for 
electing and chooseing Comissioners to attend tbe Parliament to be 
held at Edinburghe the nynteinth day of October instant, as tbe sd 
proclamationc of the daitte at Edr the fyfteint day of July last 
by past and proclamed at the mercatt croice off Banff upon the last 
day off Agust theirefter in themselves proports : Theirfor and 
in obedience yrunto tbe saids Barrons did elect, nominat and choose, 
and be thir pfits elects nominats and chooses the said Sr James Baird 
off Aucbmedden, and Sr Patrick Ogilvie of Boyne, Knight, Comissioners 
ffor the sd Sbirreffdome off Banff to attend the said melting off Parlia- 
ment the said day and place, with full power to them to sit, treat and 
voyce, and to act and doe evry thing else for promoteing of his Maties 
interest, and tending to the good of this bis anncient kingdome, als freelye, 
fullye and amplie in all respects as any others Coiiirs from any of the 
shyres of the kingdome shall doe, tirme and stable boldinge, and have 
impowered the Sbirreff Clerk to subscryve tbe same, under bis hand 
and seall off the said shyre. 

The Ogilvies of Boyne. 

Sir Patrick Ogilvie, of Boyne, was the eldest lawful son and 
heir of Walter Ogilvie of Boyne. During the Civil Wars, Walter 
Ogilvie took an active part on the Covenanting side; and in 1645 
Montrose, after his victory at Auldearn, sweeping along tbe north of 
Banffshire, harried bis lands from Portsoy to Banff. Later, Boyne 
had so mitigated his enthusiasm for tbe Covenant as to join the Duke 
of Hamilton and Charles in tbe invasion of l^ngland, which ended in 
the defeat of Worcester, an indiscretion for which, on bis return home 
to Boyne, he had to suffer church discipline. In tbe year of the 
Restoration, Walter Ogilvie settled on bis eldest son the barony and 
thanedomc of Boyne. The law of entail had not then been enacted, 
and a method of settling real estate on families, before Sir George 
MacKenzie's Entail Act of 1685, was for a father to create a liferent 
in himself, and to convey the fee to his heir. In an act^ of the Scots 
Parliament, dated 5th September, 1661, the son is designed Sir Patrick 

'The Acls uf rarliamcnU uf Sculland, Vul. VII., p. 410. 



COMMISSIONERS OF THE SHIRE. 21 

Ogilvic of Boync, Knight, which shows that by that date he had 
received the honour of knighthood. In 1664 Sir Patrick married Anna, 
daughter of James, seventh laird of Grant. ^ His father, Walter, died 
between 30 April, 1666, and 26 October, 1667. On 24 April, 1671, the 
crown issued a warrant ^ for a charter to Sir Patrick Ogilvie of Boyne 
of the lands of the barony and thanedome of Boyne, which had been 
resigned for new infeftment, the holding to be changed from ward to 
taxtward. . On 25 August, 1674, ^ commission 3 was issued to the 
laird of Boyne to be captain of one of the companies of a new 
regiment of foot; and on 21 July, 1675, ^ docquet of the warrant"^ for 
a charter to Sir Patrick Ogilvie of Boyne, on resignation of James, 
Earl of Findlater, for new infeftment to Sir Patrick Ogilvie was 
executed. On 29 May, 1676, Boyne was promoted^ lieutenant 
colonell of the Militia regiment of foot in the shire of Aberdeen, 
the colonel of which was the Earl of Errol. On 23 Septr., 1678, 
he received a commission^ to be captain of a company in His 
Majesty's new regiment of foot whereof the Earl of Mar was colonel. 
In 1 68 1, he was created a Judge of the Court of Session under the title 
of Lord Boyne. On 20th June, 1682, a commission ^ was issued to 
him to be lieut. colonel of the Militia regiment in the shire 
of Banff and ErroU's part of Aberdeen, of which the E. of Erroll was 
colonel. On ist June, 1677, he received a royal protection ^ against 
paying annual rents on his mortgages. 

1 8th Maii, 1660. — Seaseing. given to Patrick Ogilvie, eldest law^' 
sone to Walter Ogilvie of Boyne, off the tounes and landes and 
barrony off the thayndome off Boyne. 

29th July, 1662. — Renunciaone Jon Shepherd of Midskeith to Sir 
Patrick Ogilvie of Boynd of the lands of Culphine. 

3 Junii, 1664. — Seasing Mistres Anna Grant, eldest daughter to ye 
deceist James Grant of Freughie, and apparent spous to Sr Patrick 
Ogilvie, yer of Boyne, Knyght, of and upon all and sundrie the lands 
of Buchragie and maner place yrof, together w^ ye lands of Dallachie 
and oyrs. 

30 Aprill, 1666. — Saising Walter Ogilvie off Boynd off all and 
haill the lands of Achanachie, Culphine, Ordings, with yr pertinents. 

26 October, 1667. — Saising Sr Patrick Ogilvie of Boyne, Knight, 
off all and haill the lands and barronie of Boyne, theirin compre- 

' See also Sir William Fraser's "Chiefs of the Grants," V'ul. I., p. 290. 

•State Papers (Scotland) Warrant Books, Vol. I., p. 132. 

3S. r. (Scotland) Warrant Books, Vol. III., p. 44. -tDo., Vol. III., p. 298. ^Do., 
Vol. III., p. 480. 6 Do., Vol. IV., p. 417. 7 Do., Vol. VII., p. 206. «Do., Vol. IV., p. 
268. 



22 RECORDS OF THE COUNTY OF BANFF. 

hending the toune and lands of Cowhythe and Scots mylne, the lands 
of Ardbrangang, Cairntoiine, Whyntie and Greinfeld, the lands of 
Threipland and Greincoatts, and uthers with the pertinents. 

26 October, 1667. — Saising Sr Patrick Ogilvie of Boyne off all 
and haill the tounes and lands of Achanachie, Culphine, Rothine and 
Ordings and uthers with the pertinents. 

29 March, 1672. — Saising given to James Ogilvie, merchand in Ed^, 
brother german to Sr Patrick Ogilvie of Boyne, off all and haill eight 
aikers off land of Badinspink. 

6 Jarij., 1673. — Saising given to Sir Patrick Ogilvie of Boyne off 
all and haill the lands of Frendraught, the .lands of Conzie, the 
templands off Frendraught, the lands and brugh of barronrie of Forgue, 
the baronrie of Convoy, the lands and barronrie of Kinardie, with 
divers other lands, barronries, millnes millnelands wods fishings and 
uthers. 

17 Merch, 1674. — Renunciation and grant off redemption of the 
lands off Whyntie, with the pertinents made and granted be Patrick 
Ogilvie of Murie, in favours of Sir Patrick Ogilvie off Boyne. 

12 Junii, 1674. — Saiseing given to Sir Patrick Ogilvie of Boyne, of 
all and haill the thanedome of Boyne. 

12 Junii, 1674. — Renunciatione and grant off redemptione off all 
and haill the toune and lands of Eister Culphine made and granted 
be Maister James Skiner in Thripland, and Marie Hamiltoune, his 
spouse, in favours of Sir Patrick Ogilvie of Boyne, knight. 

10 Nover, 1675. — Saising given to Sir Patrick Ogilvie of Boyne, 
of all and haill the lands of Arnbath, the lands of Portsoy, Burgh 
of Barronrie and harboure therof, the lands of Auchmoir, Mois wards, 
Kindrought, Rochwillie, Sydcboyne, Aird, Dunies, Sculhendrie and 
Drumeshillock, with the pertinents. 

g Junii, 1676. — Renunciatione and grant of redemptione made 
and granted be Alex^ Abcrnethie, of Auchincloich, of and upon thertie 
aikers lands of the lands of Portsoy, to and in favours of Sir Patrick 
Ogilvie of Boyne, knight. 

In the Pasch Roll of 1670 the Laird of Auchmedden is taken up 
and placed immediately after the Laird of Boyne. The Viscount 
PVcndraught, amid his falling fortunes, loses his qualification of Neither- 
daill. To the end of roll of 1670 are added David Grcgorie for the lands 
of Neitherdaill, and David Cruickshank 'off Balnoone for the lands yroff.' 



barons and freeholders. 23 

The Gregories of Netherdale, etc. 

David Gregorie, burgess of Aberdeen, succeeded his brother Mr. 
Alexander Gregorie of Neitherdaill, who, in March, 1664, was done to 
death by the Crichtons of Frendraught. ' Their father, Mr. John 
Gregorie, minister of Drumoak, was ancestor of the famous Mathe- 
maticians and Doctors of that name. In 1673, the Crown issued a 
warrant '^ for a charter to David Gregory over Kinardie. 

26 Septr., 1659. — Seasing gevin to Jannet Anderson, rehct of the 
deceist Mr. Johne Gregorie, in lyverent off the toun and lands off 
Baineshole w' the shaddow halff off the town and lands off Over 
Comistie, w' the uther half off the sds landes off Over Comistie, w' the 
milne and milne lands off Auchentender, w* the town and lands off 
Cragnethertie, w^ four oxingaitt of the lands off Neyrdaill, w' the uyr 
four oxingaitt of ye sds landes off Neyrdaill, and in speciall warrandice 
of the lands off Craignethertie and Neyrdaill off aught oxingaitt off 
the town and lands off Neyr Comistie w' the Kirkcroft off sd. 

26 Septr., 1659. — Instrument of Seasing gevin to Jeane Rosse, 
spous to Mr. Alexr. Gregorie, in lyverent off all and haill the Chapel 
toune of Neyrdeall and lands yroff, the toune and landes off Milnehill, 
Windeye, Wettfoot, coble croft, milne and miln landes off Neyrdeall, 
town and landes of Muriefield, with the salmon fishings and fish boat 
upon the watr off Dovern. 

The Cruickshanks of Balnoon. 

3 Merch, 1673 yeirs. — Saiseing given to Isobell Rae, spouse to 
David Cruikshaink off Balnoone, of all and haill the toune and lands 
of Kirktoune of Inverkeithnie, and of the croft of the said Kirktoune, 
and the lands of Ballnone, in conjunct fie and lyverent dureing all 
the dayes of ther lyftyme. 

17th Jary, 1706. — Sasine given to Alex"" Cruickshank of Balnoon, 
nearest and law" air male to the decest David Cruickshank of Balnoon, 
his uncle, of all and haill the toun and lands of Kirktoune of Inner- 
keithnie and crofts yrof, w' ye houses, biggings and pertinents of the 
samen; all and haill the croft of the sd Kirktoun of Innerkeithny, toune 
and lands of Balnoon, w^ the houses, biggings, parts, pendickles and 
ptnents of the samen, lying w'in the parochine of Innerkeithing nnd 
Shereffdome of Banff; and all and haill the toun and lands of Litle 

' Justiciary Records (Scottish History Society). Vol. I., pp. 94, 100-105. 
*S. P. (Scotland) Warrant Books, Vol. II., p. 312. 



24 RECORDS OF THE COUNTY OF BANFF. 

Forg and mill yrof, lying wMn the parochine of Forgue and Shereffdome 
of Aberdeen. 



Payment of Commissioners of the Shire. 

The practice of stenting the county to pay the charges of the 
Commissioners of the shire during their attendance at Parliament still 
obtained, though towards the end of this century it ceased, the Com- 
missioners appointed promising to serve gratuitously. 

Banff, 8th Novr., 1670. — The Shreff and Barrons being conveined 
for laying on the Comisse""* chairges to the last two sessions off Pari' 
have recomended for the Shreff's assistanc Rothemay and Kinminnetie 
to meet and stent for the Comissers chairges, and to report the twentie 
fourth day off Nov^ and ordaines all lands holden off his Matie being 
ane ffourtie shilling land, and the lands holden off abbacies to be lyable 
for and pay there proportionall pairt off the Comisse"^^ chairges. 

Gordon of Beldornie. 

In the Pasch roll of 1671 the Laird of Muiresk drops out for the 
baronie of Beldornie, the entry appearing blank. At Michaelmas the 
entry appears as " the Laird of Beldornie," presumably John Gordon. 

24 January, 1670. — Saising John Gordone of Beldornie, of all and 
haill the toune and lands of Belcherie. 

31 May, 1683. — Saisine given to Jon Gordone, elder of Beldornie, 
and Anna Gordone, his spouse, in lifrent, and John Gordon yor the 
son, of all and haill that prt and portione of the lands of Belchirie, 
w* the pertinents. 

The Abernethies of Auchinclech and Meyen, etc. 

To the same Pasch roll of 1671 was added the name of Alexander 
Abernethie, off Auchenclech, for these lands; while in next Michaelmas 
roll the lands of Meyen were added to his qualification. On 25th 
January, 1671, the Crown issued a warrant^ for a charter to Alex^ 
Abernethie of Auchincloich, Banffshire. 

10 October, 1665. — Seasing Issobell Hackatt, spous to Alex^. Aber- 
nethie of Auchinclech, of ane yeirlie (^rent of three hundreth three 
score marks Scotts moey to be uplifted furth of the toune and lands 

' .State Papers (Scotland) Warrant Books. Vol. I., p. 84. 



BARONS AND FREEHOLDERS. 2$ 

of Auchinclech and Ternemnie, furth of any the sd Alex*" his mylns, 
woods, fisheings and uyrs piitlie pteining to him, or qlks shall pteine 
heirefter w^in this nation. 

10 October, 1665. — Seasing Alex"". Abernethie, of Auchinclech, of 
ye just and equall halff of the toune and lands of Meyen and Quoir, 
and pendicles yrof called Glennihous and forresters croft, w' ye myln 
and myln lands of Meyen, woods and oyrs w^in wrin. 

25 November, 1673. — Saising Issobell Hackat, spouse to Alexander 
Abernethie off Auchinclech, off the toune and lands of Meyen and 
Quoir, and pendicles of Meyen callit Glennyhouse and forresters croft, 
with the pertinents. 

14 Jary, 1686. — John Abernethie of Meyan of the lands of Auchin- 
cloich, the shaddow plough of the lands of Ternemnie, and lands of 
Meyan, and lands of Quoir and wthers, with their pertinents, upon a 
precept of the chancellarie. 

The Strachans and Steuarts of Lesmurdie. 

At Michaelmas, 1671, in place of the entry "the aires and 
successors of Lesmurdie," appears the entry " the Laird of Les- 
murdie for the lands yroff." These heirs and successors were the female 
descendants of Alexander Strachan of Lesmurdie, who took sasine in 
1664 as his heirs portloners. James Steuart, of Achorachan, Glenlivet, 
husband of the eldest daughter Elizabeth, was entered in the county 
suite roll of 1671. In S. P. (Scotland) Warrant Books, Vol. V., p. 389, 
under date 8 June, 1678, occurs a docquet of the warrant for a gift of 
recognition of the lands of Soccach and Lesmurdie in Mortlich, and 
then by annexation in Cabrach, formerly belonging to John Watt, 
portioner of Lesmurdie, John Watt his father and to umq'i Alexander 
Strachan of Lesmurdie, to James, Earl of Airlie. 

8 November, 1664. — Seasing Elizabeth, Margaret, Jean, Issobell, 
and Helen Strachans, coairs portioners servit and retourit to ye deceist 
Alexi" Strachane of Lesmurdie yr good sire, of the toune and lands 
of Eastertoune of Lesmurdie, third pt toune and lands of Invercherach, 
third pt toune and lands of Auchnastank, and third pt toune and lands 
of Belchirie. 

28th October, i66g. — Saising given to Janet Steuart, spous to Robert 
Grant in Auchbrek, and Johne Grant his sone, off all and haill four 
oxgaitte of land of the lands of Lesmurdie, adjacent to the lands called 
Sockach, with the pertinents yrof. 

D 



26 RECORDS OF THE COUNTY OF BANFF. 

28 October, 1669. — Saising given to Elizabeth Strachan, spous to 
James Steuart of Lesmurdie, and Alex"" Steuart, yr, eldest law^i sone, 
oft' all and haill the toune and lands oft" Sockach. 

ID Appryll, 1676. — Saiseing given to James Stewart of Lesmurdie 
and Alex"" Stewart, his sone, off" all and haill the toune and lands of 
Easter and Wester Lesmurdie, Tombaine, Tombellie, Caldstryp, with 
the pertinents. 

ID Appryll, 1676. — Saiseing given to Elizabeth Strachen, spouse to 
James Stewart of Lesmurdie, of all and haill the lands of Tombaine, 
Tombellie, Coldstrype, and .... with the pertinents. 

8 Junii, 1676. — Saiseing given to John ffbrbes of Invernatie and 
Kathren Steuart his spouse, off all and haill the toune and lands of 
Succach, with the stone house yrof, of the four oxingaitt of the easter 
syde of the lands off" the barronrie of Lesmurdie ci^lled ffbrteith tack, as 
prin" lands, and the rest of the lands of the barronrie of Lesmurdie 
in speciall warrandice, with the pertinents. 

Last December, 1686. — Saising Robert Grantt of Tombreckachie, 
Janet Stewart his spouse, and Robert Grantt their eldest sone, of the 
lands of Soccoch and others. 

Last December, 1686. — Saising Robert Grantt of Tombrekachie in 
lyfrent, and James Grantt his second sone in fie, of the lands of Easter 
Lesmurdie. 

i8th January, 1686. — Saising Robert Grantt of Tombrekachie of ane 
yearlie @rent 90 merks out of the lands of Soccoch and others. 

Last May, 1693. — Saising Magdalen Crichtoun, spouse to Alex"^ 
Stewart of Lesmurdie, in lyfrent of the Mayns and Eastertoune of 
Lesmurdie, the lands of Boighead and Coldstrj'p, with yr pertinents. 

29 Junii, 1697. — Saising James Stewart of Achorachan of the lands 
of Eastertoune of Lesmurdie, comprehending the third pairt lands of 
Inverchirach, Achnastank and Bellchirie, and Mylne of Lesmurdie, and 
the lands of Drywells, Boigehead, Coldstrj-pe, Mylnetoune, Aldluy, 
Sococh, Forteiths tack and pertinents yrof, within the parochin of 
Mortlich, upon a charter under the great seall to Alex"^ Stewart of 
Lesmurdie, and by him assigned and disponed to the said James 
Stewart. 



THE SHERIFF PRINCIPAL. 27 

The following commission in favour of James Baird, younger of 
Auchmedden, to be conjunct Sheriff Principal of Banffshire with his 
father, Sir James Baird, was granted him on account of his services in 
connexion with the suppression of the highland reivers, who sorned on 
the lands of Beldornie and Keith referred to on pages 17 and 18. 

At and within the tolbuith of the Burghe of Bamff, the twentie 
tuo day of August, Iajvj& and sevintie tuo yeares. 

The whilk day compeired personallie Sr James Baird of Auch- 
medden, knight, and James Baird, younger theiroff, his eldest sone, who 
produced ane comissione or patent granted to them by our S. L. the 
Kings Majestie, under his Maties great seall of his ancient kingdome of 
Scotland, for exerceing of the office of Shirreffship conjunctlie within 
the bounds and limits of the Shirreffdome of Banff; by which comissione 
our said S. L. gave, granted and disponed to the sd Sr James Baird of 
Auchmedden, and James Baird his sone, the sd office of Shirreffship 
during all the dayes of their lyftyme, and after the deceise of the sd 
Sr James Baird to be exerced by the said James Baird his sone, as 
only Shirreff Prin'' within the limitts and bounds of the sd Shreffdome 
during all the dayes of his lyfftyme, with all fees, profeitts, casualities, 
priviledges and immunites yrto belonging, with power to them to enjoy 
and apply the samen to their owen proper use, and to elect, nominat 
and choyse deputs ane or mae (for whom they shall be answerable), and 
all other serjants and officeirs of court (except the Shirreff Clerk), and 
to act and doe evry thing else belonging to the sd office of Shirreffship 
als fullie and amplie in all respects as anie Shirreff Prin" within any 
Shreffdome of the sd kingdome of Scotland heirtofore hath done or 
shall doe, as the said comissione of the daite after spec^ in itself bears, 
which the sd Sr James Baird, and James Baird his sone ordained to 
be ingr^ and regrat in the Shirreff bookes of Banff theirin to remayne 
to future memorie, and whairof the tenor followes thus : — 

Carolus Dei gratia Scotiae Angliai ffranciae et Hiberniae Rex Fideiq 
Defensor Omnibus probis hominibus suis ad quos presentes literae 
nostrae pervenerint salutem : Sciatis nos preclare gestas a delectis 
nostris Domino Jacobo Baird de Auchmedden milite prssente Vice- 
comite Principali vicecomitatus nostri de Bamff et Jacobo Baird juniore 
ejus lilio nobis dilucide enotuisse praesertim non ita pridem supprimendo 



28 RECORDS OF THE COUNTY OF BANFF. 

montanos et exleges in septentrionalibus partibus hujus regni nostri 
Scotia; intra limites dicti nostri vicecomitatus ac juridice cohibendo 
oppressiones et flagitia ab eis in istis partibus nuper commiss eosq 
deducendo ad condignum supplicium pro eisdem : Atq animo nostro 
revolventes eorum eximias animi dotes et fidelitatem ad obeundum 
dictum officium in posterum et satis compertum habentes prefatum 
Dominum Jacobum Baird fideltiter obiisse dictum officium Vicecomitis 
a tempore ejus admissionis ad idem incipien mense februarii anno 
domini millpsimo sexcentesimo sexagesimo quarto secundum nostram 
donationem sibi sub nostro magno sigillo eatenus concessam : Et nos pro 
causis antedictis non solum volentes memoratum dominum Jacobum 
Baird in fungendo dicto officio durante ejus vita persisterc, verum 
etiam serio cupientes pro eorum uberiori incitamento prefatum Jacobum 
Baird ejus filium sibi in dicto officio jungere duraii omnibus eorum vitae 
diebus conjunctim quem volumus gaudere et frui antedicto officio per 
semetipsum solum post obitum dicti Domini Jacobi Baird sui patris 
pro toto tempore suae vitae : Igitur fecimus constituimus et ordinavimus 
tenoreq pntium facimus constituimus et ordinamus memoratum 
Jacobum Baird seniorem de Auchmedden militem pntem Vicecomitem 
Principalem praedicti vicecomitatus nostri de Bamff et prefatum 
Jacobum Baird Juniorem ejus filium junctos Vicecomites Principales 
antedicti vicecomitatus nostri de Bamff intra universas limites juris- 
dictionem et bondas ejusdem : Idq duraii omnibus eorum vitae diebus 
conjunctim et post obitum dicti domini Jacobi Baird antedictum 
Jacobum Baird ejus filium per semetipsum solum et unitum Principalem 
Vicecomitem ejusdem vicecomitatus iiri de Bamff: Ac dedimus con- 
cessimus et disposuimus tenoreq presentium damns concedimus et 
disponimus eis duran spatiis antedictis idem officium Vicecomitis cum 
universis feodis proficuis casualitatibus privilegiis et emolumentis eo 
pertineii et spectaii : Cum plena potestate eis durantibus spatiis ante 
dictis eadem percipiendi et levandi et ad proprios suos usus applicandi 
deputatos unum seu plures (pro quibus respondere tenebuntur) creandi 
et substituendi officiarios serjandos adjudicatores et cuncta alia curiae 
membra neccssaria (demptis clericis) nominandi creandi et constituendi : 
Et generaliter omnia alia et singula neccssaria dictum officium et 
executionem ejusdem tangeii agendi praestandi et exercendi tanta cum 
libertate et amplitudine in omnibus respectibus sicut quicunq alius 



THE SHERIFF PRINCIPAL. 29 

Vicecomes Principalis cujubvis alius vicecomitatus in dicto regno nostro 
Scotiae simile officium de piiti possidet et gaudet vel quovis tempore 
retroacto possedit et gavisus est : Mandamus cunctis nostris subditis ut 
prefatis dominis Jacobo Baird et Jacobo Baird ejus filio in executione 
dicti officii Vicecomitis parate morem gerant pareant et obtemperent. 
In cujus rei testimonium presentibus magnum sigillum nostrum appendi 
precepimus apud aulam nostram de Whythall vigesimo primo die 
mensis Octobris anno Domini millesimo sexcentesimo sexagesimo octavo 
et anno regni nostri vigesimo per signaturam manu S. D. N. Regis 
suprascriptam, et sic a tergo subscribitur : Writtin to the great seall the 
nynteint of Julj, 1672, Will Kerr: Sealled at Ed""., the tuentie tuo day of 
Julj, 1672, Jo. Cuninghame. After reading of the which comissione 
the sd Sr James Baird, and James Baird his sone asked instruments, 
and the said Sr James Baird did take the sd James Baird his oath de 
tideli administratione, and did take the declaratione in maner following, 
and the oath off alledgence : 

I, James Baird, doe sinceirly affirme and declare that I judge it 
unlaufuU to subjects upon pretence of reformatione or uther pretence 
whatsomever to enter into leagues and covenants, or to take up armes 
against the King or those commissionat by him, and that all these 
gatherings, convocations, petitions, protestations and erecting and 
keeping off councill tables that wer used in the begining, and for carying 
on of the late troubles wer unlawfull and seditious, and particularlie that 
these oaths whairoff the on wes comonlie called the Nationall Covenant 
(as it wes sworne and explained in the yeir Iajvj& and threttie eight 
and theirafter), and the other entituled a Solemne League and Covenant 
wer and are in themselves unlaufull oaths, and wer takine by and 
imposed upon the subjects of this kingdome against the fundamental! 
lawes and liberties off the same, and that their lyeth no obligatione 
upon me or any of the subjects from the saids oaths or eyr of them to 
endeavour any change or alteratione of the government either in church 
or state, as it is now established by the lawes of the kingdome. 

James Baird. 

James Baird, yr., died before August, 1681, when Sir George Gordon 
of Edinglassie was conjoined with his father as Sheriff Principal. 



30 RECORDS OK THE COUNTY OF BANFF. 

2g July, 1673. — Saising James Baird, younger of Auchmedden, and 
Lady Katherine Hay, his spouse, in lyverent off all and haill the toune 
and lands of Minonie, milne and milne lands, the toune and lands of 
old and new Draidleonds, with the pertinents. 

9 August, 1684. — Saisine given to Laddy Kathrin Hay, relict of 
the deceist James Baird fiar of Auchmedden, and to James Baird yor 
of Auchmedden, now her son, of all and haill the pleughe of land called 
the new toune of Northfield, w^ the pertinents. 

9 August, 1684. — Saisine given to Laddie Kathrin Hay, relict of 
the deceist James Baird fiar of Auchmedden, of all and haill the 
toune and lands of Litle Byth, w' the pertinents. 

17 August, 1686. — Saising Lady Kathren Hay ... of ane yearly 
^rent of 600 merks out of the mylnes and mylne lands of Auchmedden 
and Pittgar. 

The Hays of Rannas and Muldavit. 

In the suite roll of Pasch, 1672, instead of the old entry, "The aires 
and successors of James Hay of Rannas for the lands of Muldavit," 
appears " The laird of Rannas." The genealogy of this family is 
treated by Dr. Cramond in a paper published by the Banffshire Field 
Club in their transactions of 7th February, i88g. They are given in 
some detail here, because several of this family took part in county 
administration. They are descended from the Hays of Lenplum, 
cadets of the Tweedale famil}-. George Hay, rector of Rathven in 
the falling fortunes of the Church of Rome, was able to obtain a 
grant of the barony of Rathven, including Rannas, Freuchny, Fyn- 
dachtie and Farskyne. He subsequently sided with the Reformers, 
and married. He was succeeded by James Hay of Rannas, c 1592, 
who married Katherine Dunbar of Grange and Burgie in 1603, and 
had issue (i) George Hay of Rannas; (2) James Hay of Muldavit, 
who died in*i656; (3) John Hay of Langshed; (4) Andrew Hay 
of Darbreich, who lived at Nethermiln and Edingeith ; (5) William 
Hay of Clunehill, ancestor of Freuchny ; (6) Katherine, and (7) Anne. 
In 1626, John Duff, elder and younger of Muldavit, disponed to James 
Hay the lands of Muldavit, and he gave them to his second son, James. 
George Hav succeeded, probably about 1630. He married Agnes 
Guthrie, daughter of Guthrie of Guthrie, Bishop of Moray. They had 
issue (i) James Hay of Rannas; (2) Alexander Hay of Arnbath, who 
died in 1698 ; (3) Captain John Hay of Echrics, and (4) Joseph Hay. 
George died in 1654, ^"^ was succeeded by his eldest son, James, \\ ho 



BARONS AND FREEHOLDERS. 3I 

appears in the suite roll of the count)^ of 1664. He married, in 1645, 
Margaret, daughter of Gordon of Park. They had issue (i) James Hay 
of Rannas, who succeeded in 1666, and is the " laird of Rannas " 
mentioned in the suite roll of 1672, when he attained majority, and (2) 
Andrew Hay of Mountblairy. James Hay died between Pasch and 
Michaelmas, 1666. His successor James Hay was during his minority 
under his uncle John Hay of Echries, as tutor. He married Margaret, 
daughter of Gordon of Glengerrack, and had issue (i) Charles Hay, 
born 1688, who succeeded, and (2) James Hay, merchant, Banfif, who 
married Helen Lauder, the Dowager Lady Banff. 

Garden of Troup. 

In the suite roll of Pasch, 1672, a marginal note states that the Laird 
of Troup was minor. The Gardens acquired Troup in 1654, when 
Major Alexander Garden, who had served under Gustavus Adolphus in 
Sweden, returned to Scotland and purchased it It was formerly a 
possession of the Keiths. Major Garden was succeeded by his son, 
Alexander, c 1663. In 1683, he wrote for Sir Robert Sibald an in- 
teresting account of the north side of the coast of Buchan, including 
Gamrie, published in the " Collections of the Shires of Aberdeen and 
Banfif," issued by the Spalding Club. He married Bathia, daughter 
of Sir Alexander Forbes of Cragievar. 28th Agust, 1663. — Seasing 
Alex"" Gairden of Troup of all and haill the lands and barronie of Troup, 
and maner place yrof. 

In the Pasch roll of 1672, the " Laird of Birkenboge, for the lands 
of Galcorss," is taken up and placed immediately after Auchmedden. 
The qualification of Quoir is added to Alexander Abernethie of Auchin- 
clech and Meyen. In the Pasch roll of 1673, Sir Harye Guthrie of 
King-Edward is entered for the lands of Dunlugus and Muirden; 
while for Mr. Thomas Thomsone there is substituted " William Seatone 
ffor the lands of Todlaw." To the end of the Pasch roll of 1675 is 
added " Walter Leslie of Tulliche for ye lands yrof." 

At the Michaelmas court of 1675, several additions were made to 
the roll of Freeholders. 

Michelmes Court, 1675. 
Curia Capitalis Vicecomitatus de Bamff tenta in pretorio burgi 
de Bamff per Dominum Jacobum Baird de Auchmedden Vice- 
comitem Principalem dicti vicecomitatus et Georgium Steuart 
ejus deputatum primo die mensis Octobris anno Domini 
millesimo sexcentesimo septuagesimo quinto quo die sectis 
vocatis Curia legittime affirmata fuit. 



32 RECORDS OF THE COUNTY OF BANFF. 

Roll as given before, with the following additions : — 
Sr. William Keith off Ludqharn for the lands off Northfeild. 
Walter Grhame off Garters for the lands off Monbletone and ffortries. 
William Gumming off Achr}'. 
John Ramsay off Meilrose for the lands yroff, and ffor the lands 

of Tortries. 
Walter Ogilvie off Reidhyth for the lands yroff. 
Johne Leslie off Kininvie for the lands yroff. 

The tutor off Grant for his lands off Medderclunie and Clunemore. 
George Cuming, Provest of Elgin, for his lands off Bregachie and 

Lochterwandich. 
Sr. Robert Innes off Kinermonie for the lands yroff. 
The Laird of Pluscarden for the lands off Auchmadies. 
Alexr. Duff for his lands off Lettach and Auldachlagan. 
Alexr. Leslie for his lands of Bochrome. 
The aires and successors of Alexr. Grant off AUachie for the lands 

of Bochrome and Milnetone. 
The Wassails off the abbacie off Aberbrothock. 
The Wassails off the abbacie of Couper. 
The Wassails off the abbacie of Kinloss. 
The Bishop off Aberdein. 
The Bishop off Murray. 
The Parson off Rathven. 

At the Michaelmas Court of 1676, Sir William Keith of Ludquharn, 
Walter Grhame of Garter and John Ramsay of Melrose drop out of the 
list, Ramsay re-appearing again in the Pasch roll of 1681 for Melrose. 

Ramsay of Melrose. 

2 Ap., 1659. — Seasing given to Margret Meldrum, spous of James 
Ramsay in Melrose, of the landes and milne yroff. 

2 Ap., 1659. — Seasing Johne Ramsay, eldest law" sone of the sd 
James Ramsay, of the lands of Melrose milne yroff. 

The Cumines of Lochtervandich and Auchry. 
6th September, 1657. — Seasing giveing to Georg Cuming, bailzie 
burges of Elgine, and William Cuming his son, of the half davach landes 
of Lochterwandich, and half davach landes of Bregauch. 



BARONS AND FREEHOLDERS. 33 

8 Feb., 1659. — Seasing given to Georg Cumen, provest of Eigine, 
of the reversion of the landes of Lynemore and Succoth. 

6 Sep., 1659. — Seasing given to Georg Cumming, bailzie burges 
of Eigine, and William Cumming his sone of the half davach landes 
of Lochtervandich, and half davoch landes of Bragauch, with the 
pertinents. 

1 2th Febry., 1674. — Saising Issobell Gordoune, spouse to William 
Cuming of Auchry, off all and haill the lands callit the litle Guishaugh, 
with the pertinents. 

17 Nover., 1675. — Saiseing given to William Cumeing of Auchray 
of all and haill the reversione of the toune and lands of Lynmoir and 
Suckoch. 

30 January, 1685. — Sasing George Cuming, provest of Eigine, and 
Wm. Cuming of Achry his sone in fie of the half dauch lands of 
Lettervandich and half dauch lands of Brekachie, with the other half 
dauch and milne thereof, with yr pertinents, upon a charter under the 
great seall. 

The Cumens ^ of Lochtervandech, now represented by the Cumines 
of Rattray, trace their descent from Duncan, second son of Sir Richard 
Cumming of Altyre, who died in 1384. George Cumen was eighth in 
descent, and was provost of Elgin for nearly thirty years. His son, 
William, married, as his first wife, a daughter of John Gordon, provost 
of Banff. The village of Cuminestown, on the Auchry estate, is called 
after the family. 

Walter Ogilvie of Reidhythe. 

Walter Ogilvie of Reidhythe, founder of the Reidhythe educational 
benefaction to Fordyce Academy and to King's College, Aberdeen, was 
originally designed of Bankhead. On 24th April, 1671, there was issued 
by the crown a warrant ' for a charter to Walter Ogilvie of Bankhead 
over Meikle and Little Bogtounes, upon resignation of James Earl of 
Findlater, these lands to be erected into the barony of Reidhythe, 
holden of the King. These lands were mortified by Walter Ogilvie for 
the educational purposes mentioned, but, as the holding was really a 
wadset from the Earl of Findlater, Reidhythe was in course reacquired 
by the Findlater family, and the price of redemption invested in other 
lands in Aberdeenshire. 

• See *' History of the Cumines of Loctervandech," by James Cuniine of Rattray, 1887, 



34 RECORDS OF THE COUNTY OF BANFF. 

26 Nov., 1657. — Seasing given to Walter Ogilvie of Bankhead of 

the toune and landes of Over and Nether Auchmillies, Radin , 

Wandless and uyrs yrin conteaned. 

23 May, 1659. — Seasing Walter Ogilvie of Reidhythe of the toune 
and landes of neyr Bogtoune. 

23 May, 1659. — Renunciatione and grant of redemptione, Walter 
Ogilvie of Reidhyth, in favor of Walter Ogilvie of Boyne. 

25 May, 1663. — Renunciatione of the tounes and lands of over and 
neyr Auchmillies, the lands of , the lands of easter 

Tillinaught called Wandles, and ane pt of the lands of Draichadlies, 
granted be Walter Ogilvie of Bankheid to James Earle of Findlater. 

25 May, 1663. — Backbank and reversione Walter Ogilvie of Bank- 
heid to James Earle of Findlater of the toune and lands of Reidhyth, 
and Meikle and Litle Boigtouns. 

10 Junii, 1663. — Seasing Walter Ogilvie of Bankheid of the tounes 
and lands of Reidhyth, Meikle and Litle Boigtouns, w* ye fishings 
yrof. 

10 September, 1664. — Renunciation Alexander Shand in Bogtoun, in 
favours of Walter Ogilvie of Bankheid, of the toune and lands of Over 
Bogtoune. 

6 Junij, 1672. — Saising given to Walter Ogilvye off Bankhead of 
all and haill the toune and lands of Reidhythe, and the toune and 
lands of Meikle and Litle Boigtouns with the fishboats off Reidhythe 
and others, with the pertinents. 

The Leslies of Kininvie and Tullich, etc. 

The Leslies of Kininvie, cadets of the Earls of Rothes and the Leslies 
of Balquhain, acquired the estate of Kininvie, Mortlach, in 1521, from 
John, Earl of Athol, Lord of Balvenie. The first laird Alexander, in 
1525, built the present house of Kininvie. His third son George, of 
Drummuir, was grandfather of Alexander Leslie, the soldier of fortune 
who became first Earl of Leven. In 1870, Colonel A. Y. Leslie of 
Kininvie compiled a family tree from the following sources: — (i) Colonel 
Leslie's " Historical Records of the family of Leslie " ; (2) Charters 
including the Kininvie entail and other family documents; (3) Douglas 
Peerage; (4) Inscriptions m the family burying place in Mortlach, and 
(5) from the family bible, which he says is a true record since 1625. 

'State Papers Warrant Books (Scotland), Vol. I., p. 132, P.R.O. 



BARONS AND FREEHOLDERS. 35 

According to this pedigree, Isabella, aunt of John Leslie 6th Laird of 
Kininvie, was mother of Archbishop Sharp of St. Andrews. The 
following sasine minutes, relative to Leslies in Mortlach, etc., illustrate 
the ramifactions of the Leslies of Kininvie, etc., and correct some state- 
ments in the family tree referred to. 

20th August, 1657. — Seasing given to William Leslie in Miltoune 
of Balvenie, and Marjorie Grant ^ his spous, of the saides landes of 
Miltoun. 

20 Augt., 1657. — Seasing given to Walter Leslie of Tullich, and 
Elspet Leslie his spous, of the landes of Meikle Tullich. 

20 Augt., 1657. — Seasing given to Alexander Leslie in Bochrome 
of all and haill the east pleugh of the lands of Bochrome. 

ist Jany, 1658. — Seasing Alexr. Leslie, at Milne of Potglassies, of 
the lands of Tulloch. 

23 May, 1659. — Seasing given to Alexr. Leslie of TuUochallum of 
half davach landes of Enoches and Belnaboe. 

5 Junii, 1660. — Seaseing given to Johne Lesley in Cluniemore of the 
halff dauch toune and landes of Enochies and Tombellie. 

8 Januar, 1664. — Seasing John Lesley of Enochs and his spous of 
ye toune and landes of Parkbeig. 

24 Agust, 1664. — Seasing Jon Leslie, yor of Parkbeg, of the toune 
and lands of Bomakelloche. 

8 Der., 1664. — Renunciatione Jon Leslie of Mudhouse of the six 
oxegate lands of ye davauch of Drumquhirriche in favoure of W™. 
Murray portioner yrof. 

22 October, 1667. — Saising Johne Leslye off Kininvye^ off all and 
haill the dawache toune and lands off Kininivye vith the maner place 
yroff and uthers, vith the pertinents. 

24 Febri, 1668. — Saising Christan Douglas, ^ spous to Walter Leslye 
off Tullich, off the toune and lands of Meikle Tullich and others, with 
the pertinents. 

29 November, 1673. — Renuncia"ne of the toune and lands of 
Bomakelloch with the pertinents, made and granted be Johne Leslie 
of Parkbeg, in favors off Adam Duff of Drumuir. 

' Daughter of Alexander Grant of Allachie. Sir Wm. Fraser's " Chiefs of the Grants," 
Vol. I., p. 512. ^ Sixth Laird of Kininvie. 

3 Daughter and heir portioner of Dr. Alexander Douglas of Dounies, Provost of Banff. 



36 RECORDS OF THE COUNTY OF BANFF. 

3 Nover., 1675. — Saiseing given to Kaithren Hamiltoune, spouse to 
John Leslie of Meyr Clenie, in conjunct fie and lyverent of all and haill 
ane yearlie @rent of threscore punds Scots, to be uplifted furth of the 
Wester four oxingait lands of Meyr Clenie, with the pertinents. 

22 Jarij., 1678. — Saiseing given to John Lesly of Parkbeeg off all and 
haill the easter halfe off the toune and lands off Lettoch. 

15 May, 1678. — Renunciatione made be Christian Dowglas, spouse 
to Walter Lesly of Tullich, and he for his interest off and upon all and 
haill the lands of Wester Drachadlie. 

3 Sept., 1683. — Saisine given to Alex^ Leslye, eldest law^' son to 
Jon Leslye of Kininvie and Jannet Hameltoune his spouse, and longest 
liver of y"i tuo, of all and haill the lands called the Garres lot, w^ the 
pertinents. 

6 Septr., 1683. — Saisine given to Alex^ Leslye, yor of Kininvie, and 
Janet Hamiltoune his spouse, the longest liver of y™ two, of all and 
haill the toune and lands of Ordings, w' the pertinents. 

18 Oct., '8^. — Saisine given to Walter Leslye of Tullich and Mr. 
John Leslye his son, in fie of all and haill the toune and land of 
, with the pertinents. 

1st Junii, 1692. — -Saising Alexander Leslie of Kininvie, and Janet 
Hamiltoune his spouse, in lyfrent of the Castle of Banff, hill and yeard 
therof, on a charter under the great seall. 

24 October, 1692. — George Leslie of Tullich of the lands of Meikle 
Tullich and pendicle therof called Braiklaichfold, with yr pertinents, 
upon a precept out of the Chancellarie. 

28 October, 1692. — Saising George Leslie of Tullich of the lands of 
Achinhamper mylne and mylne lands yrof, and sume third pairt of the 
lands of Dounies, etc. 

28 Octor., 1692. — Saising Nicola Gordon, spouse to George Leslie of 
Tullich and Braiklochfold, etc. 

Last May, 1693. — Renun. John Leslie of Parkbeg, in favours of the 
Duke of Gordon, of the lands of Enochs and Tombellie, with yr 
pertinents. 

3rd Nor., 1693. — Saising Alexander Leslie, yor of Bochrom, and 
Mary Grantt his spouse, in lyfrent of the lands of Bochrom. 



BARONS AND FREEHOLDERS. 37 

12 Jary., 1700. — Saisine Alex'". Leslye of Kininvie, of Easter 
Buchrome. 

12 Jary., 1700. — Saisine James Leslye, sone to Johne Leslye of 
Kininvy, of the lands of Meikle Tullich. 

10 June, 1701. — Sasine to Alexander Leslie, your, of Kininvie, of 
all and haill the lands of Easter Buchrome, stock and teynd yroff. 

loth June, 1702. — Renunciation by Anna Gordon, relict of the 
decest Alex^ Lesly of Buchrome, of his lyfrent right of the lands of 
Easter Buchrome in favors of Alex'. Lesly, yor of Kininvie, lying 
in the paroshine of Mortlich. 

25 June, 1703. — Sasine to Mr. James Lesly of Tullich and Hellen 
Carmichell his spouse, of all and haill the lands of Easter Buchrome, 
stock and teynd yroff, w^ the mannor place and others within the 
parochin of Mortlich. 

i8th Jarij, 1705. — Sasine to John Lesly of Kininvie of all and haill 
the lands and crofts called the Gereslot lying near the Brugh of Banff, 
all and haill the marmor place and Castell of Banff, castlehill, castle 
yeard, kill, kill-barn, malt, coable, w' the houses and pertinents 
yrof . . . but w^out the liberties and territories of the sd Brugh. 

gth February, 1706. — Sasine to James Lesly of Tullich of all and 
haill the davauch lands of Kininve, and haill pertinents of the samen. 

4th June, 1706. — Sasine to James Lesly of Tullich of all and haill 
the davach lands of Kininve, mannor place yrof, and ptenents of the 
samen, lying vvUn the parochin of Mortlich, lordship of Balvenie and 
Shireffdome of Banff. 

The Tutor of Grant. • 

The tutor of Grant, ^ Patrick, second son of Sir John Grant, sixth 
of Freuchie, Chief of the Grants, became in 1663 tutor to his nephew 
Ludovick eighth of Freuchie then in minority. He held for some 
time a commission in the army as Lieutenant Colonel. He had three 
daughters, one of whom Mary married Patrick Grant or MacAlpine of 
Rothiemurchus. They are ancestors of the present laird of Rothie- 
murchus John Peter Grant Sheriff Substitute of Inverness. 

'Eraser's "Chiefs of the Grants," Vol. I., pp. 238, etc. 



38 RECORDS OF THE COUNTY OF BANFF. 

InNES OF KiNERMONIE. * 

Robert Innes, 5th baron of Innermarkie, acquired from Lord Ochil- 
tree the lands and barony of Balvenie on a charter under the great seal, 
dated 1615. Thereafter, the family took as their chief title Balvenie. 
On I2th February, 1631, Robert Innes was created by Charles I., a 
baronet of Nova Scotia with the title of Balvenie. He had two sons, 
Sir Walter, second baronet of Balvenie, who succeeded to the greater 
part of Balvenie, and William, who received Kinermonie, part of the 
lordship of Balvenie, as his portion. Sir Walter was succeeded by his 
son. Sir Robert Innes, as 3rd baronet. Both supported the crown 
during the civil wars, and in consequence their estates became involved 
in debt, and their part of Balvenie was sold. Sir Robert dying without 
issue was succeeded by the cadets of Kinermonie, who thereupon took 
up the baronetcy. The Inneses of Edingeith now represent this family, 
and hold the baronetcy of Balvenie. 

First ffebrie, 1694. — Saising Sir George Innes of Dunoon as air to 
the deceast William Innes of Kinermonie his uncle, of the lands, mylne 
and fishings of Kinermonie and teynds and pertinents. 

First ffebrie, 1694. — Saising James Innes of Ortoune of the dauch 
lands of Kinermonie, mylne and salmond fishings belonging yrto. 

ACHMADIES, BOHARM. 

The estate of Auchmadies in the parish of Boharm, and now 
embraced within the bounds of Arndilly, for long belonged to the 
Chiefs of the Grants. It was sold by them to the Grants of Arndilly, 
cadets of the Chiefs of the Grants, between 1774, and 1785. * The 
entry in the suite roll of the Laird of Pluscarden for the lands of Auch- 
madies ceased at Michaelmas, 1677. 

1st November, 1687. — Saising Colline MacKenzie of Pluscarden, air 
to umq". Thomas McKenzie of Pluscarden, his father, of the dauch 
lands of Achmadies . . . upon a precept out of the chancellarie. 

Duff of Keithmore. 

Alexander Duff of Keithmore, Mortlach, eldest son of Adam Duff of 
Clunybeg, also in Mortlach, was born c. 1623. His holding of Keith- 
more was a wadset from the Marquess of Huntly, afterwards Duke of 
Gordon, and was redeemed by the superior on 27th May, 1692. He 

• Cramond "The Casllc anil Lurds of Balveny, 1892 " 

Shaw's "Moray," Vol. I., pp. 183-4. Edn. 1882, 
'Eraser's "Chiefs of ihc Grants," Vol. I., p. 450. 



BARONS AND FREEHOLDERS. 39 

married, c. 1649-50, Helen Grant, daughter of Archibald Grant of 
Bellintomb, a cadet of the Chiefs of the Grants, and not daughter of Alex- 
ander Grant of Allachie, Bellintomb's brother, as Shaw and Sir William 
Fraser in his " Chiefs of the Grants " assert. . The mistake probably 
arose because she, her husband and her son, Alexander of Bracco, 
succeeded to some of the possessions of her uncle Alexander Grant 
of Allachie. Alexander Duffs first holding of land is said to have 
been Succoth, which he acquired c. 1650. By Michaelmas, 1675, 
Allachie had died. At that Head Court Keithmore was entered in the 
roll for Lettach and Auldachlagan ; and, at the Michaelmas Court of 
1677, he was entered for Allachie's possessions of Bochrom and Millne- 
toune in addition to his old holding. A year later, he had Bracco in 
Grange also added to his holdings mentioned in the suite roll. 

For long Keithmore acted as Baron Bailie in the Marquess of 
Huntly's Baron Court of Auchindoun. He had three sons, Alexander 
of Bracco, William of Dipple, and Patrick of Craigston, and three 
daughters, Margaret, who married in 1676 James Steuart of Achorachan 
and Lesmurdie, Jean, who married in 1680 Mr. George Meldrum, 
minister of Glass, afterwards laird of Crombie Marnoch, and Mary, who 
married in 1684 Dr. Andrew Fraser, Physician, Inverness, and, in 1710, 
Thomas Tulloch of Tannachy, Morayshire. His wife died c. 1694, and 
he c. 1700. Both are buried in Mortlach. Additional interesting 
information regarding Keithmore and other Duffs will be found in the 
" Book of the Duffs," by A. & H. Tayler, 1914. 

The following Sasine Minutes, besides shewing the accummulation 
of the Duff estates by Alexander of Keithmore, elucidate the family 
relationships. 

24 August, 1657. — Seasing given to Alexander Duff off Succoth 
and Helen Grant his spouse, of the landes of Letoch and Auldauch- 
laggan, with the pertinents. 

November, 1657. — Seasing given to Alex^". Duff of Sockach of the 
third part landes of Belcherie called the Sockach, and four oxgate 
landes of Lesmurdie next adjacent, with the pertinents. 

18 June, 1658. — Seasing given to Alex^ Grant of Allochie of the 
landes of Belmareon. 

26 Apryell, 1660. — Seasing given to Alex'". Grant off Allochie off 
the toune and landes off Sheanlachie. 

26 Apryell, 1660. — Seaseing given to Allex"" Duff off Letoche of the 
toune and landes of Pittivaich, Fittie, brewhouse yrof, milne of Pitti- 
vaich, milne landes yrof, and landes of Shean [lachie.] 



40 RECORDS OF THE COUNTY OF BANFF. 

i6 Agust, 1663. — Seasing Alex"" Grant of Allachie and his spouse of 
the lands of Allachie, and salmond fishings yrof. 

4 Aprill, 1666. — Seasing Alex''. Duff off Letach off the tuo oxgaitte 
toune and lands of Eister Mederclunie tej'nd sheaves theroff, with ye 
pertinents. 

5th Nov., 1672. — Saising given to Alex*" Grant of Allochie, and 
Margaret Grant his spous, in conjunct fie and Ij'verent the longest 
liver of them tuo, and to Alex"" Duff, eldest law" sone of Alex"" Duff 
of Lettoch, in fie of all and haill the toune and lands of Midd and 
Wester Bochrome, with the multurs. 

6th May, 1673. — Saseing Alex"" Duff of Keithmoir in lyverent, and 
Alex*^ Duff, his eldest law" sone, in fie of all and haill the half dahaughe 
toune and lands of Bellihack and pendicle yroff callit Lynemoir. 

18 Junii, 1674. — Saiseing given to Alex"" Duff of Lettoch, and 
Hellen Grant his spouse, in liverent of all and haill the toune and 
lands of Lettoch and Auldachlagan. 

18 Junii, 1674. — Saiseing given to Alex"" Grant of Allachie, and 
Margret Grant his spouse in lyverent, and Alex"" Duff ther nephew, in 
fie of all and haill the toune and lands of Middel and Eister Buchrome. 

18 Jully, 1676. — Saiseing given to Margrat Duff, eldest law" 
daughter to Alex"^ Duff of Letach, in all and haill the tounes and 
lands of Auchorachen and Auchbreck, with the pertinents. 

I Agust, 1677. — Saiseing given to Alex"" Duff of Succoch and his 
sone in fie of all and haill the toune and lands of Lynemoir, Delachame 
and uyrs. 

8 Junii, 1678. — Resignatione granted be Alex'" Duff, elder and yor. 
off Keithmoir, off the halfe dawache of Belliehack and Lynmoir and 
uyrs, with the pertinents, in favours of Adam Duff of Drumuyr. 

17 September, 1678. — Saiseing given to Alex^ Duff, elder, of 
Lettoch, and to his sone in fie upon the toune and lands of Ferm- 
toune and uyrs. 

22 October, 1678.- — Saising given to Alex'^ Duff of Lettoch and his 
spouse in lyverent, and there sone in fie all and haill the lands of 
Medderclunie, Meddercluniebeeg, and eight oxingaite of Millntoune of 
Ballwenie. 

18 Septr., 1679. — Saisine given to Alex'^ Duff of Letoch of all and 
haill the toune and lands of Keithmore, millne of Auchindoune and 
milltoune yrof, w* the pertinents. 



BARONS AND FREEHOLDERS. 



41 



ig Septr., 1679. — Saisine given to Helen Grant, spouse to Alex^ 
Duff of Letoch, of all and haill the half davach lands of Leachie, 
with the pertinents in warrandice. 

6 Febry., 1680. — Saisine given to Jean Duff, second law^ daughter 
to Alexf Duff of Keithmore, in liferent and conjunct fie dureing all the 
dayes of her lifetyme, of all and haill the toune and lands of Reidfoord. 

3 Appryle, 1683. — Saisine given to Alex"" Duff of Keithmoir, and 
Alex*" Duff of Bracco, his eldest law'' son, of all and haill the davach 
lands of Turtrie, with the lands of Coldhome and Idintor, all and haill 
the lands and lordship of Balvenie, with the toure fortalice and maner 
place yrof, millnes and millne and millne lands, w^ the pertinents. 

Last December, 1687. — Backhand William Dufif of Diple, in favours 
of Alexander Duff of Bracco, about the reversione of the lands of 
Keithmore and Cluniebeg, and pertinents thereof. 

Last August, 1688. — Alex"" Duff of Keithmoir of ane yearly @rent of 
300 merks out of the lands of Edinglassie and Invermurkie, and 
pertinents therof. 

27 May, 1692. — Renunciatione Alexander Duff of Keithmoir in 
favours of his Gr. the Duke of Gordon, of the lands of Keithmoir, and 
mylne and mylnetoune of Auchindoune, and lands of Cluniebeg and 
Shenwall, w^ yr. pertinents. 

First Junii, 1692. — Saising Patrick Duff, sone to Alexander Duff 
of Keithmore, of ane yeirly @rent of 120 libs, out of the lands of 
Muries and Coldhames, w' yr. pertinents. 

JOASS OF COLLEONARD. 

At the Pasch Court of 1676, appears for the first time the entry: — 
" Mr. William Joass, for his lands of Collynwart, Paddocklaw, Dennheid 
and Whyttutie." Mr. Joass, gospeller in Alvah, and his family are 
referred to in Dr. Cramond's " Annals of Banff," and in the Editor's 
" Seafield Correspondence." 

20 September, 1662. — Seasing Thomas Joiss of Cullynvart of ye 
kirktoune and kirklands of Inverboyndie. 

27 Jary., 1663. — Seasing Thomas Joiss of Culynwart of ye toune 
and lands of Easter Cullynvart. 

25 Junii, 1663. — Seasing Thomas Joiss of Cullynwart of ye toun 
and lands of Bogheid and Bogland Croft. 

F 



42 RECORDS OF THE COUNTY OF BANFF. 

4 Junii, 1664. — Seasing Thomas Joiss of Cullynwart of and upon 
the toune and lands of Wester Cullynwart. 

28 July, 1664. — Seasing Thomas Joiss of Cullynvart of the toune 
and lands of kirktoune of Inverboyndie, w^ ye myln and myln croft. 

20 January, 1666. — Seasing Mr. William Joiss, preacher of the 
gospell at the Eastferrie, of the kirktoun and kirklands of Inverboyndie, 
myln of Boyndie. 

20 January, 1666. — Seasing the sd Mr. W™. Joiss of the toune 
and lands of Wester Cullynvart. 

20 January, 1666. — Seasing the sd Mr W™ Joiss of yt pt and 
portione of the lands of Dahaughe of Banff, called the neyr Dahaughe, 
and yt pt and portione of the lands of over Dahaughe called neyr 
Lochlaverock, and yt pendicle of ye sd Dahaughe called Peperfold as 
prin' lands, and in speciall wandice all and haill that three eighte 
pairts of three netts salmond fisheing of ye water of overrack on ye 
water or river of Doverne, w^ the priveledge of fisheing be coable and 
nett laying and dames and maintinance yrof. 

20 January, 1666. — Seasing the sd Mr W™ Joiss of ye toune and 
lands of Boighead and Boigland yroff. 

20 January, 1666. — Seasing the sd W™ Joiss of the toune and lands 
of Wester Cullynvart. 

22 Junii, 1667. — Saising Mr William Joiss off Collynvart off and 
upon the tounes and lands of Pydeocklaw, and ane croft of land 
appertaineing to the toune and lands of Culbeuchlie and uthers, with 
the pertinents. 

5th Agust, i66g. — Saising Mr. William Joasse of Collynvart off all 
and haill the toune and lands off Culbeuchlye, with the pertinents. 

28 Merch, 1673. — Backbond containing reversione of the toune and 
lands off Eister and Wester Collynwarts, Paddocklawes, Eister and 
Wester Culbeuchlies, Denhead and Whytoutie granted be Mr William 
Joasse of Collynvart in favors of James Earle off Findlater. 

8 August, 1673. — Saising Mr. W™. Joass off Collynvart off all and 
haill the toune and lands off Eister and Wester Collynvarts, Poddock- 
lawes, Easter and Wester Culbeuchlies, Denhead and Whytoutie, 
with the pertinents. 



BARONS AND FREEHOLDERS. 43 

To the Roll of the Michaelmas Court of 1678 there were added — 
Alex"". Gordon off Glengarrock ffor the lands thereoff. 
Alex*". Gordon of Arrdoull for his lands of Maislie Haughes and 

fforgie. 
Mr. Alex"". Ker for his lands of Knock. 
John Innes off Edingeith ffor the lands yroif. 
The Laird of Kinminitie for the lands [yroff.] 
Collen Campbell off Moncoffer ffor his lands of Inverichnie. 
Collonell John Innes off Lichnet for the lands yroff. 

The Gordons of Glengerack. 

Glengerack, in the parish of Keith, was long a Gordon possession. 
Captain Adam Gordon appears as laird in 1640; and a slip of Jean 
Gordon, Lady Altar [Altyre] , bulks largely in the Presbytery Records 
of Strathbogie of 1647. In 1667, we have seen that laird Alexander 
Gordon broke up the band of highland marauders under Patrick Roy, 
who " held up " the town of Keith. A Sasine Minute of 2nd August, 
1670, shows that his wife was Katherine Brodie. He was succeeded by 
his son Charles, who was served heir on 29th November, 1692. Charles 
married Margaret, eldest daughter of Alexander Duff of Bracco. 

23 Maij, 1659. — Renunciatione and grant of redemption, Gordones 
of the landes of Glengerack, and pairt of the landes off 
Auchinhuff. 

7th December, 1666. — Saising Alex"" Gordone off Glengarock off all 
and haill the toune and lands off Glengarock, the toune and lands of 
over and neither Auchinhuiffs and uyrs, with their pertinents. 

2nd August, 1670. — Sasing given to Alex"" Gordone off Glengarock 
off all and haill the . . . comprehending yrin the toune and lands of 
Nether Kinminity, callit the Overseat of Nether Kinminity. . . . 

29 Jary., 1676. — Saiseing given to Alex^ Gordon of Glengarack of 
all and haill the toune and lands of Littell Kinmintie, and over millne 
of Strathillae, with the pertinents. 

Last May, 1693. — Saising Charles Gordon of Glengerack of the 
lands and baronie of Glengerack . . . upon a precept out of the 
chancellarie. 

Ult. Decer., 1694. — Saising Margaret Duff, eldest law" daur. to 
Alexander Duff of Bracco, spouse to Charles Gordone of Glengerack, of 
the lands of Over and Nether Achinhooves, Berrieleys, and Ealhouse 



44 RECORDS OF THE COUNTY OF BANFF. 

croft, and of the lands of Glengerack, maner place, and of the lands of 
Newmylne, Nether Kinminitie, and mylne of Strathila, called over 
mylne, and multures yrof, etc. 

The Gordons of Arradoul. 

15 Der., 1664. — Seasing Alex*" Gordon of Arradoull of ye tounes 
and lands of Arradoull, extending to eight oxegate land. 

27 Apryll, 1665. — Seasing Alex"^ Gordone of Arradoull of the toune 
and lands of Arradoull. 

24 Septer., 1675. — Saiseing given to Alex"^ Gordon of Arodouell, and 

King his spouse, the longest liver of them two in conjunct 

fie, of all and haill the toune and lands off Maislie, the lands of Haugh 

of Strathilla, the towne and lands of Coldhame, Boigloigie, Muirefauld, 

Clerkseat, Auchindarrin and Garrowood, with the pertinents. 

27 November, 1677. — Saiseing given to George and James Gordons, 
sones lawi' to Alex'^ Gordon of Arradoul, and Helen Ross, daughter to 
James Ross of Allanbuie, in lyverent off ane yearlie @rent of sex 
hundreth merks moey, to be uplifted ffurth of the lands of Haugh and 
fforgie and uyrs. 

On i8th October, 1692, George Gordon was served heir to his father 
Alexander on the estates of Haughes of Killesmont and Messlie. 

1st ffebry, 1694. — Saising George Gordon of Arradoull of the lands 
of Arradoull, extending to eight oxgate of land, with the pertinents. 

Saising George Gordon of Arradoull of the lands and maner place of 
Haughes, and lands of fforgie and Meslie, with yr pertinents, upon a 
precept out of the chancellarie. 

Saising Jean Grantt, spouse to George Gordon of Arradoull, in 
lyfrent of the lands and maner place of Aradoul and pertinents. 

Mr. Alexr. Ker. 

The Rev'^ Alexander Ker,' M.A., graduated at King's College Aber- 
deen, in 1647. He was ordained minister of Grange in 1652. He died 
in 1693. His second wife died in May, 1728. 

29 May, 1659. — Seasing Mr. Alex"" Ker, minister at Grange, of the 
landes of Knock as prin", and landes of Cranoches in spetiall warrandice 
yroff. 

' See Dr. Cramond's " Church of Grange," pp. 10-61 ; and Editor's " Banffshire During 
the Revolution of 1689," in the Banffshire Field Club Transactions of 1906. 



BARONS AND FREEHOLDERS. 45 

29 May, 1659. — Seasing Anna Gordone, spous to Mr. Alex"" Ker, 
minister at Grange, of the landes of Thornetoune and Drumnaker in 
Knock. 

29 Septer, 1674. — Saiseing given to Mr. Alexi" Ker, minister at Grange, 
off all and haill twentie oxgaite lands of Strathillae, called Ester and 
Wester Knocks, and of the lands of south and north Cranochs, Millne 
of Cranach and sicklyk to the said Mr. Alex'" Ker and Jessie Burnet his 
spouse, the longest liver of them two in conjunct fie and liverent of 
seven oxgaite lands off Knock possessed be Andrew Craib, and two 
oxgaite possessed be Thomas Hendersone. 

18 Jary, 1681. — Saisine given to Mr. John, Andrew, James, and 
Patrick Kerrs, law'^ sons to Mr. Alex^. Kerr, minist. at Graing, and to 
Issobell, Kathren, Bessie, and Helen Kerrs, law" daughters to the sd 
Mr. Alex'" Kerr, of all and haill the rexive yearlie (cf rents (vz) to the sd 
Mr John ane yearlie @rent of fourtie punds Scots moey, to be uplifted 
furth of the 10 oxgate lands of Knock of Strathylla called Wester Knock, 
Easter Knock and Knockboig, w' the pertinents, and also to the sds 
Andrew, James, and Pat. Kerrs of all and haill ane yearlie @rent of sex 
score punds moey, to be uplifted and taken furth of all and haill the 
four oxgait lands of Janet Skaikells, and Craib, and forth of all 

and haill the sd sevin oxgait lands of the toune and lands of Knock w^ 
the pertinents and sicklyke to the sd Issobell, Kathrin, Bessie and Helen 
Kerrs of all and haill ane yearlie @rent of ane hundreth and four score 
punds moey, to be uplifted and taken furth of all and haill the twentie 
tuo oxgait lands of Strathilla, called Wester Knock, Easter Knock and 
Knockboig, with the pertinents. 

Innes of Edingight. 

20 Nor., 1663. — Seasing Jon Tries of Edingeyth of ane full right to 
reversione of ye lands of Edingeyth, Boig, Wester Croylett, and uyrs. 

20 Nor., 1663. — Seasing Jon Innes of Edingeyth of ye third p^ lands 
of Wester Croyletts. . . . 

20 Nor., 1663. — Seasing Isobell Hamilton, now spous to Jon Innes 
of Edingeyth, of ane yeirlie @rent of two hundreth and fourtie punds 
scots moey yearlie to be uplifted furth of anie pt of ye lands of Edin- 
geyth and uyrs. 



46 RECORDS OF THE COUNTY OF BANFF. 

first December, 1663. — Seasing W"™ Innes, portioner of Balnamoone, 
of yt pt of ye lands of Edingeyth, called ye east syde of ye Westertoun 
of Edingeyth and uyrs. 

first December, 1663. — Renunciation of yt pt of ye lands of Edin- 
geyth, called the east syde of the Westertoun of Edingeyth and uyrs, 
granted be W" Innes, portioner of Balnamoon, to Jon Innes of 
Edingeyth. 

12 Appryll, 1679. — Saisine given to John Innes of Edingeith of all 
and haill the two oxgait toune and lands of New Fortrie, otherwayes 
called New Crannoch, w^ the pertinents. 

17 August, i6gi. — Saising John Innes, yor of Edingeith, and Helen 
Strachan his spouse in lyferent of the two oxgate lands of New Fortrie, 
the lands of Mostoune, Wester Croylet, Nether Boige, Over Boge and 
others, with yr pertinents. 

Colonel John Innes. 

James Innes of Lichnet, Gamrie, father of Colonel John Innes, was 
second son of Sir Robert Innes of Innes, who was created a baronet of 
Nova Scotia by Charles I., on 29th May, 1625. 

July, 1662. — Renuncia^ne granted be Peter Meldrum, sometym of 
Lichnet, to James Innes of Lichnett, of ye toune and lands of Lichnett, 
w' the fish botts. 

22 Agust, 1662. — Renuncia»ne of the toune and lands of Lichnett, 
w^ ye toure and fortalice, myln and myln lands yrof, and fishbot granted 
be Sr Rob Farqr of Munie (?) to James Innes of Lichnett. 

3 Junij, 1669. — Renuncia^^n and grant of redemption off all and 
haill the toune and lands off Lightnett, made and granted be W™ 
Ogilvie, younger of Bachlaw, to and in favors off Colonell Johne Innes 
off Dippell. 

25 August, 1669. — Saising Colloncll Johne Innes of Dippell, and 
Jean Campbell his spous, off all and haill the toune and lands of Light- 
nett, with the pertinents. 

In the Michaelmas roll of 1679 appear Maister Thomas Messer for 
the lands of Todlaw in the parish of Forglen, and George Keith for the 
lands of Northfeild. 



commissioners of the shire. 47 

Keith of Northfield (Cadet of the Earls Marischal.) 

2nd December, i6go. — Saising George, Earle Marischall, etc., of the 
lands of Northfield, Greinley, woods and fishings, with their pertinents. 

2nd December, i6go. — Saising Alex"" Keith, eldest sone to George 
Keith of Northfield of the lands of Northfield, Whytefield, Greinley and 
others, with their pertinents. 

t7 January, 1693. — Saising Sophia Eraser, eldest law'^ daughter to 
John Eraser of Menisey, now spouse to Alexander Keith of Northfield, 
in lyfrent of the Mayns of Northfield, and lands of Whytfield and 
Ravelsden, with yr pertinents. 

In the Pasch roll of 1680 appears Arthur Eorbes for the lands of 
Turtries. In the succeeding Michaelmas roll the successors of Viscount 
Erendraught drop out, and there appears instead George Morison of 
Boigny for the lands of Convoy. To the Pasch roll of 1681 is added 
John Ramsay of Melross for the lands of Melross, Gamrie. 

Election of Sir Patrick Ogilvie and Sir George Gordon 
AS Commissioners of the Shire. 

In the following Minute, narrating the election of Commissioners 
of the Shire for the Scots Parliament that assembled in 1681 we find 
for the first time a stipulation made that the members elected should 
serve the County gratuitously. We also find a question of privilege 
emerging in the complaint against the greater Barons, Lords Huntly 
and Banff, because of their interference with and presence at the election. 

Att and within the tolbooth of the Burgh of Banff the seventh 

day off Jully, Iajvi& and eightie ane yeares, being the day 

appointed for the Barrones and Ereeholderes weithin the 

Shereffdom off Banff ther choysing and electing Coinres for 

attending this ensueing Parliat. 

The whilk day the Barrones and Ereeholderes of the sd Sherreffdome 

being con veined in obedience, to his Mtles proclamatione for electing 

and choosing CoiTires to. attend the Parliat to be held att Ed"", the 

twentie eight day of Jully instant, as the said proclamatione of the 

daite at Ed*" the day of Junij last bypast, and proclaimed 

att the Mercatt Croce of Banff upon the twentie third day of the said 

month of Junij in themselves proports : Theirfor, and in obedience 

theirunto, the saids Barrones did elect, nominate and choose, and be 



48 RECORDS OF THE COUNTY OF BANFF. 

thir piits, elects, nominates and chooses Sir Patrick Ogilvye of Boynd, 
Knight, and George Gordoune off Edinglassie Coiiires for the said 
Sherreffdome of Banff, to attend the said meeting Parliat the said day 
and place with full power to them to sitt, treate and voice, and to act 
and doe everie thing els for promoving of his Mties interest, and 
tending to the good of this his ancient kingdome als freelie, fuUie and 
amplie in all respects as any other Coiiires from any of the shyres of 
this kingdome shall do. [Follows in different script] : — The said day 
the above wriii proclamatione publickly read and ordained the samen 
to be keeped in retentis, and the Shreff declaired that the act made ffor 
the choiseing off Comissioners is declaired woid, and ordaines the 
Comissioners to be chosen at each Michaelmas Court in tyme comeing 
yearlie, and the Comissioners and Barrens ordained the Laird of Auch- 
medden to be preses, who protested that there piit nominatione shold 
be without prejudice off his office of Shireffship. The said day the 
haill Barrens declaired the persons chosen as Comissioners ffor this 
present Parliament out of gratuitye to the Shyre are hereby to serve the 
Shyre and contry gratis, to the qch the Commissioners aquieses out of 
the consideratione off the burden off the Shyre, and appoynts two to be 
chosen ; and Boyne protested ffor reelectione since seall persones wotted 
who hade not right to wott nor wes not infeft, and some by proxies, and 
for seall uyr irregularities in the sd electione, and Auchmedden, as 
preses, gave his wotte ffor the Laird of Boynd. The Laird of Park 
protested that there wes wotts admitted in Boyns favour who were not 
to wotte, qch he protested agt., and Ij'kxNayes ffor infformality and 
of those who ought not bein elected, 2d that Boynd and 
Auchmedden did declyne there in meitteing ; and being carried ffor Park, 
Boynd and Auchmedden gave there wotts ffor each uyrs, and the lairds 
of Park and Boynd being off equall wotts the Shreff decyded the samen 
in ffavoures off Boynd by his wotte, and Edinglassie wes thirtein wotts ; 
as also Boynd ffurther protested beffor the electione and efter ffor 
reelectione, because there were seall persones qch ought not to be 
present, such as ye Marqueis off Huntlie and Lord Banff, who being 
both desyred publickly and privatly to remove refused, who wes 
declaired to have importuned seall of the Barrens ffor byessed woices, 
and to have imposed upon soume to absent themselves being present in 
the towne, wch is declaired to be res gesta by J. A. Baird, Sheriff, Preses, 




BY JONATHAN RICHARDSON 



barons and freeholders. 49 

Alexander Duff of Bracco. 

At the Michaelmas Court of 1681, after "Alexander Duff, for the 
lands of Lettach and Auldachlagan," is enrolled "Allex'" Duff ffor the 
lands of Bracco." Alexander Duff of Bracco was eldest son of 
Alexander Duff of Keithmore. He was born in 1650, and married 
Margaret Gordon, daughter of Sir William Gordon of Lesmore, probably 
c. September, 1678, and had one son, William, who succeeded him, and 
three daughters, Margaret, who married Charles Gordon of Glengerack, 
Helen, who married William Gordon of Farskane, and Mary, who 
married Alexander Abercrombie of Tullibodie. Bracco was educated as 
a lawyer, and practised for some time in Edinburgh as a law agent. 
He returned to Banffshire c. 1677, and continued his father Keithmore's 
policy of purchasing land in the county. After acquiring on his own 
account and inheriting from his father man)' estates in the parishes of 
Mortlach, Aberlour, Keith, and Grange where Bracco is situated, etc., 
he acquired c. 1700 the extensive estate surrounding Duff House, be- 
longing to the Earl of Airlie. He died on 19th December 1705. The 
following sasine rights show the continued upbuilding of the Fife 
estates. 

24 September, 1678. — Saising given to Margrat Gordon, spouse to 
Alex"^ Duff, younger off Lettoch, in lyverent upon the lands off 
Bracco, Neyr mill off Strathillay, the lands of Millegin, ffermetoun 
Garrowod and Alehouse croft in Neyr mill. 

'25 March, 1679. — Saisine given to Alex*" Duff of Bracco of and upon 
the fyve oxgaite and halfe oxgait land of the easter and wester pleughs 
of Milligne, sometym belonging to George or Adam fforsyths, with the 
pertinents. 

26 March, 1679. — Saisine given to George Geddes ^ in Neyr millne of 
Strathilla and Alex^ Duff of Bracco, of and upon tuo oxgait of lands of 
Garrowwood, and yt pt and portione of the lands of Bracco called the 
Blackrink with the bear haughs, togidder with ye teynd shaves yrof 
in warrandice. 

31 Nover, 1680. — Saising given to Alex"" Duff of Bracco of all and 
haill the eight oxgait lands of the davach of Meillign, w^ the maner 
place yrof and pertinents. 

31 Octr., 1682. — Saisine given to Alex'' Duff of Bracco of all and 
haill the tounes and lands comonlie called the tounes and lands of 

' George Geddes married Margaret, eldest daughter of Adam Duff of Clunybeg, aunt of 
Bracco. 



50 RECORDS OF THE COUNTY OF BANFF. 

Drummuir, with the maner place, half davach lands of Towie, maner 
place, maines and millne yrof, w^ the pertinents. 

i8 Deer, 1683. — Saisine to Alex"" Duff of Bracco of all and haill the 
sunny half davach lands of Neyrthird. 

14 Septer, 1684. — Saisine given to Alex"" Duff of Bracco of all and 
haill the toune and lands of Pethnick, w^ the pertinents. 

29 November, 1684. — Saising Alex"" Duff of Bracco of the cornmylne 
of Ballvenie and pertinents thereof. 

Last December, 1687. — Backhand William Duff of Diple in favours 
of Alexander Duff of Bracco, about the reversione of the lands of Keith- 
more and Cluniebeg and pertinents therof. 

20 January, 1688. — Saising Alexander Duff of Bracco oi the lands of 
Seggiecrook and pertinents thereof. 

21 December, 1688. — Saising Alex'^ Duff of Bracco of the lands of 
Floores, and in the @rent of the prin" soume of 500 merks out of old 
Cranach and pertinents. 

15 August, 1692. — Alexander Duff of Bracco of the lands of ffloores 
and shadow half lands of Newmylne of Boynd, and two crofts called 
Lautiescroft, and the two mylnes of the forrest of Boynd called the 
Newmilns, and others, with their pertinents. 

Last Jary, 1693. — Alex"^ Duff of Bracco of the lands of Nether 
Dalachie, Lochlaverick and Peperfauld as prin'' and salmond fishing on 
Doveran in warrandice yrof, and of the lands of Craighead and Keave 
with the salmond fishing belonging yrto, and yr pertinents. 

Ult. Decer, 1694. — Saising Margaret Duff, eldest daur to Alexander 
Duff of Bracco, spouse to Charles Gordone of Glengerack, of the lands 
of over and nether Achinhooves, Berrieleys, and Ealhouse croft, and 
of the lands of Glengerack, etc. 

i8th May, 1695. — Saising Alexander Duff of Bracco of the lands and 
baronie of Edinglassie, teynds and pertinents yrof, and lands of meikle 
Dumeath, comprehending Auchinhandock, Leylands, little Dumeath, 
mylne yrof and multurs ... in warrandice ... to the sd 
Alex"^ Duff of the soume of nyntein thousand merks. 

Last of Nor., 1695. — Instrument of resigna°ne in favours of 
Alexander Duff of Bracco, upon a prorie granted by John Leslie of 
Parkbeg, of the lands of Parkbeg in Mortlich parish ... ad 
remanentiam. 



JOINT SHERIFFS PRINCIPAL. 5I 

6th Apryl, 1697. — Saising Alex"" Duff of Bracco of ane @rent of ane 
hundreth and fyfty pounds Scots yearly out of the baronie of Beldornie, 
Bellchirie, Gaulls and uthers in Morthch parish, under reversion of 
3750 merks by John Gordon of Beldornie ; of the lands of litle Cranno 
and pertinents in Grange parish, upon Alexander Gordon of Crannos 
disposition ; item of ane oxgate lands of ffortrie possest by John Neill in 
Grange parish, on James Wilsone of Germoches dispositione to Johne 
Neill and his assigna°ne to the said Alex'' Duff; item of eight oxgates 
land of ffortrie called nether ffortrie, Oldtoune and Burnsyde in Grange 
parish, upon John Ruddoch of Burnsyde his disposition ; item of four 
oxgate of ffortrie, called Midletoune in the said parish, upon John 
Ruddoch, elder, and John Ruddoch, yor. of ffortrie disposition, and also 
four oxgate of Outseat of ffortrie called Mudehall in the sd parish, upon 
the said last disposition. 

24 Aprile, 1699. — Seasine Allex^ Duff of Bracco of ffour oxgate land 
of Easter Crannoch, and of ffour oxgate lands of Overseat of ffortrie and 
of ane @rent out of the lands of Achingoule. 

24 April, 1699. — Seasine Allex^ Duff of Bracco of the lands of 
Haughs and fforgie. 

8 May, 1699. — Seasine Allex"" Duff of Bracco of the lands of Dey- 
hill, Barnehill. 

Commission to Sir James Baird and Sir George Gordon 
AS Joint Sheriffs of Banff. 

On 24th August, 1 68 1, the Crown issued the docquet of the 
warrant for a gift of the Sheriffship of Banff to Sir James Baird and 
George Gordon of Edinglassie. ^ That same year Edinglassie was 
knighted. 

Att and within the tolbuith of the Burgh of Banff, the 

day of , Iajvi& and eightie ane yeares, in presence 

of Sir James Baird of Auchmedden, Knight, Shereff Prin" of 
Banffshyre. 

The whilk day compeired personallie Sir George Gordoune of Edin- 
glassie who produced ane comissione or patent, granted to him and to 
the said Sir James Baird of Auchmedden by our S. L. the Kings Mtie, 

'S. p. Scotland Warrant Books, Vol. Vll., p. 431. 



5^ RECOkDS OF THE COUNTY OF BANFF. 

under his Mties great seall of his ancient kingdome of Scotland for 
exercing of the office of SherefTship onlie within the bounds and limites 
of the Shrefdome of Banff: By which comissione our said S. L. made, 
constitute, nominate and ordained the saids Sir James Baird of Auch- 
medden, and Sir George Gordone of Edinglassie, Conjunct SherrefFs 
Prints of the said jurisdictione and Hmites of the samen during all the 
dayes of their lyfetyme, and, efter the deceisse of the said Sir James 
Baird, the said Sir George alone and onlie Shereff Prin" of the said 
Shereffdome of Banff during all the dayes of his lyfetyme : And gave, 
granted and disponed to them during the tyme forsd the said office of 
Sherreffship with all fies, casualities, emoluments and priviledges theirto 
belonging and pertaining, with full power to them of nominating and 
constituting deputes ane or mae, serjands, officiares, pror fiscalls, and 
all uther memberes of court used and necessar theirto belonging (the 
clerkes excepted), for which they shal be answerable, and to act and doe 
everie thing els belonging to the said office of Shereffship als fullie and 
amplie in all respects as any Shereff Prin^' within any Shereffdome of 
the sd kingdome of Scotland heirtofor hath done or shall doe, as the 
said comissione of the daite after spect in itself bears, which the said 
Sir George Gordoune ordained to be insert and regrat in the Shereff 
bookes of Banff, theirin to remaine to future memorie, and wheirof the 
tenor followes thus : — Carolus Dei gratia Magnae Brittaniae, ffranciae et 
Hyberniae Rex Fideique Defensor Omnibus probis hominibus suis ad quos 
presentes literae pervenerint salutem : Sciatis nos considerantes Dominum 
Jacobum Baird de Auchmedden mense ffebruarii anno Domini millesimo 
sexcentesimo sexagesimo quarto literam donationis officii Principalis 
Vicecomitis vicecomitatus de Banff a nobis obtinuisse et ratione 
senectutis et inaptitudinis dicti Domini Jacobi Nos per aliam donationem 
de data vigesimo primo die mensis Octobris anno Domini millesimo 
sexcentesimo octuagesimo constituisse praefatum Dominum Jacobum 
Baird et Jacobum Baird juniorem ejus filium conjunctim in officio 
Vicecomitis Principalis dicti vicecomitatus de Banff jurisdictionis et 
limitum ejusdem durante eorum vitae diebus et post decessum dicti 
Domini Jacobi Baird praefatum Jacobum Baird ejus filium per semetipsum 
solum et unicum Vicecomitem Principalem dicti vicecomitatus de Banff 
modo in dicta donatione latius continetur : Et Nos intelligentes praefatum 
Dominum Jacobum Baird juniorem nunc demortuum esse et praefatum 



SHERIFFS AND COMMISSIONERS OF THE SHIRE. 53 

Dominum Jacobum Baird senio affectum eoq inaptum ad dictum 
officium et jurisdictionem obeundum Et Nos cupientes dictum officium 
Vicecomitis per personas idoneos et animi dotibus praeditos nostrisq 
subditis justitiam administrate aptos exercere : Et satis compertum 
habentes fidelitatem animi dotes et aptitudinem dilecti Nrl Domini 
Georgii Gordone de Edinglassie ad dictum officium obeundum ejusq 
Nobis Nostroq servitio et mandatis constantem consensum et adhesionem : 
Igitur fecisse constituisse nominasse et ordinasse tenoreq presentium 
facere constituere nominare et ordinare praefatum Dominum Jacobum 
Baird de Auchmedden presentem Vicecomitem Principalem dicti vice- 
comitatus de Banff et dictum Dominum Georgium Gordone de 
Edinglassie Conjunctos Vicecomites Principales dictae jurisdictionis et 
limitum ejusdem, duraii omnibus eorum vitae diebus et post decessum 
dicti Domini Jacobi Baird praefatum Dominum Georgium solum et 
unicum Vicecomitem Principalem dicti vicecomitatus de Banff duraii 
omnibus suae vitae diebus : Dando concedendo et disponendo eis duraii 
tempore praedicto dictum officium Vicecomitis cum omnibus faedis 
casualitatibus emolumentis et proventibus eo spectari et pertineii : Cum 
plena potestate iis deputatos unum seu plures serjandos officiarios 
ffiscalis procuratores omniaq alia curiae membra usitata et necessaria 
(demptis clericis) pro quibus respondere tenentur nominandi et con- 
stituendi omnia alia et singula ad praedictum officium et jurisdictionem 
pertinen praestandi et exercendi non minore juris libertate quam quicunq 
alius Vicecomes Principalis infra dictum regnum Nriri Scotiae obivit et 
functus est seu quorumq tempore praetento exercere et obire potuerat. 
In cujus rei testimonium piitibus magnum sigillum Nrin appendi 
praecepimus apud aulam Nraiii de Windsor Castle vigesimo quarto 
die mensis Augusti anno Domini millesimo sexcentesimo octuagesimo 
primo regni nostri trigesimo tertio per signaturam S. L. N. Regis 
manu suprascript et sic a tergo subscribitur. Written to the great 
scale and regrat the second day of September, 1681, Jo Campbell, Dpt. 
Sealled att Edinburgh the second day of Septr., 168 1, Jo Cunynghame. 

Election of Boyne and Edinglassie as Commissioners 
OF the Shire. 

On the 6th of February, 1685, Charles II. died. A new Parlia- 
ment was immediately thereafter summoned, and an election for 



54 RECORDS OF THE COUNTY OF BANFF. 

Banffshire took place. Four years before, the Scots Parliament had by 
statute placed the system of representation on the footing it continued 
to stand on, with little alteration, until 1832. The Act of 1681 enacted 
that none should have vote in the election of Commissioners for shires 
or stewartries but those who, at the time, were publicly infeft in property 
or superiority and in possession of a forty shilling land of old extent, 
holden of the King or Prince, distinct from the feu-duties in feu-lands, 
or, where the said old extent appears not, were infeft in lands liable 
in public burden for his Majesty's supplies for four hundred pounds of 
valued rent, whether kirk lands holden of the King, or other lands 
holding feu, ward, or blench of his Majesty as King or Prince of 
Scotland. Apprisers or adjudgers on expiry of the legal, proper wad- 
setters, apparent heirs, liferenters and husbands in right of their wives' 
freeholds, or of their own liferents by courtesy, were entitled to vote. 
Non-residence was declared no valid objection to a freeholder. Free- 
holders were directed to meet yearly at Michaelmas at the head burgh 
of the Shire, and make up the roll of voters. 

Att Banff the twentieth day of March, Iajvi& and eighty fyve 
yeirs. 

The sd day the Barrons and ffreeholders being conweined for the 
tyme in obedience to his Majties proclama°ne att Whythall and Ed^, 
the 16 and 20th days off ffebruary last bypast, ffor choiseing and electing 
off ffitt persones to be Comfiirs ffor attending this piitt Parliatt, and 
haweing considered the act off Parliatt anent the electiones off Commrs 
to Parliament or Conventione off Estaits, in the first place the Barrons 
* off the Shirreffdome off Banff hawe elected and nominated Sr George 
Gordoun ofif Edinglassie by unanimous consent to be the preses, and 
lykways hawe unanimously condiscended that the Shirreff Clerk shall 
be clerk to ther meeting. 

The sd day the Barrons conweened att the tyme conform to the 
ordour off" the act of Parliatt have taken the test and subt. the samen, 
and that befor the electione of Commrs. Bracco off his owen consent 
passes from woting in respect he declynes to take the test. Aradoull 
declares he is minor and not in a capacitie to wote, and exclues himself. 
The Barons conweined ffor the tyme, who hawe taken the test, haweing 
listed Boynd, Park and Edinglassie, and any two off them to be Commrs 
ffor the Parliament, haweing woted cleirly and by the pluralitie off wots 
Boynd and Edinglassie are condescended upon to be the tuo Commrs 
ffor the ensewing Parliatt, and hawe ordained the clerk to extend and 



COMMISSIONERS OF THE SHIRE, SHERIFF COURTS, ETC. 55 

draw ample commissiones to the sds Cornmrs fifor the efifect ffbrsd, and 
appoynts Achmedden, Park and Kinnardy to give instructions to the 
said Comiiirs. 

G. GORDONE, LP. 

Jo Gordon. D. Gregorie. Jhone Ogilvye. 

David Cruikshank. Ja. Baird. 
W. Joass. Georg Keith. J. Ogilwye. 

In the sederunt of the following Minute the " Duk of Gordon " 
is partly superinduced on the old entry of " Marques of Huntly," shewing 
that that nobleman had, about this date, been advanced to the highest 
rank in the peerage. Besides the usual record of fines imposed on those 
absent, the Barons take measures for equitably apportioning the expense 
of transporting prisoners. They also reform irregularities, which had 
seemingly crept in, of holding Sheriff Court diets for civil and criminal 
cases outside the County town of Banff, and sometimes with no properly 
commissioned clerk. The offence of ignoring the County town as the 
proper seat of the Sheriff Court continued, and engaged the attenion of 
the Town Council of Banff in 1700. ^ Provost Stewart was then in- 
structed to bring the grievance before Parliament, and Bailie Mark was 
instructed to represent to the Convention of Royal Burghs the unfairness 
of " abstracteing of the Shirreff Courts our antient priviledges from this 
[Banff] to the Burgh of Cullen, and the publict meettings of the Shyre, 
notwithstanding of the Acts of Counsell, keept allwayes furth of the 
place att either Cullen or Fordyce." 

In tribunali seden vigesimo quarto die Apprilis anno Domini 
raillesimo sexcentesimo octuagesimo quinto quo die sectis 
vocatis Curia legittime affirmata. 

The Minute after giving the sederunt continues : — The said day the 
haill Noblemen, Barrons and uyrs above wrin being thryse called and 
not compeireing, except the lairds of Park, Rothiemay, Kininvie, Tullich, 
Coleonard, Melros, personallie present, Killmachlione, Bognie, Zeochrie, 
Ballnoone, present by proxies, were ilk ane of them decerned in fyftie 
punds Scots money for defect of suite, and the lyk soume for defect of 
personall presence : And the Barrons, takeing to there consideratione 
the easiest way for transporteing of prisoners, have thought it expedient 
that the heritors of lands, amounteing to ten thousand punds of walued 
rent, be called at each tyme when necessitj^ requires and prisoners to 

'Dr. Cramond's "Annals of Banff," Vol. I., pp. 170-1. 



56 RECORDS OF THE COUNTY OF BANFF, 

convoye, and this from tyme to tyme proportionallie, and ordaines the 
heritors of the upper pairt of the Shyre to be first called to the effect 
forsaid, and therefter thorrow the rest of the Shyre per vices, and that no 
moey be exacted for that effect except the absents fynes, who shall not 
compeir efter they are ceited to the effect foresd : And lykwayes 
ordaines that no Sreff Courts be holden in any pairt of the Shyre for 
causes civill, except these to be holden within the Brough of Banff, head 
Brugh of the Shreffdome, conforme to act of Parliament ; and that no 
Shereff Courts be holden neyr as to civill and criminall unles the Clerk 
be authorized by the Prin'^ Clerk of the Shyre: And compeired person- 
allie Sr James Baird of Auchmedden and protested that any dects. past 
for criminalls be keept be the Prin^^ Clerk, and that noe executione 
pase on any dects. for criminall causes untill compt be had for byganes, 
nor upon bands granted for criminalls, and what soums of money have 
bein exacted for transporteing of prisoners or bolls of wictuell taken for 
that cause from any persone, the said Sr James Baird, Shreff Prin", 
declaired he wes naewayes accessory jTto, and wes radie to complye 
with any wrounged yrby, whensoever they please to call the receivers of 
such moneys or bolls of wictuell to ane account, and appoynted the 
present Pror phiscall to make his accounts of his intromissione betwixt 
and the fyfteinth day of May nixt to come conforme to his comissione 
to the Dept Clerk with certificatione. James Baird. 

The Management of Roads. 

Though it was only after the suppression of the Rising of 171 5 that 
County Authorities in the north of Scotland gave systematic attention to 
the public roads and bridges of their counties, there was in existence 
a wonderfully complete code of statute law for the management and 
maintenance of public highways in Scotland, enacted in the reigns of 
James VI. and Charles II. Act 38 of the first session of the first Parlia- 
ment of Charles II., 1661, renewed in the same terms Act 8 of James' 
Parliament of 1617. These statutes gave to the Justices of Peace of 
the several counties of Scotland power to mend highways and bridges to 
and from any market town or seaport, and to punish those who injured 
them. They declared the breadth of highways to market towns to 
be twenty feet at the least, and those of larger breadth to remain 
so. Such roads were to be maintained by the Justices of the 
Peace, as well as all other ways from any town to the Parish Church. 
Power was given to report to the Council for new roads, and to punish 
those who refused their services to mend highways and bridges. 



THE MANAGEMENT OF ROADS. 57 

Those two Acts were followed by the Act of 1669 chap. 16, which 
appointed the Sheriff and one of his deputes, being a heritor, and the 
Justices of Peace within Counties to meet on the first Tuesday of 
May yearly, and to make up a list of the highways bridges and ferries, 
to divide the parishes, and to name overseers, with power to them to 
call on tenants cottars and servants by intimation at the Parish Kirk to 
convene for the repairing of the highways, with power to name someone 
to direct the rest, and to appoint such overseers wages. The days for 
working were not to exceed six days for man and horse yearly for the 
first three years, and four days yearly thereafter, between here seed and 
hay time or harvest. The Justices of Peace were given power to 
poind for absence, twenty shillings Scots for a man and thirty shillings 
for man and horse, and therewith to hire others. If the absents had no 
goods, the Justices were empowered to punish them in their persons. 
It was enacted that the highways be twenty feet broad at least, or 
broader if so before, and the Justices were empowered to change roads 
at the sight of three of their number, and to estimate the damage, which 
was to be satisfied by the whole shire. The Justices of Peace were 
ordained to meet each fortnight during June and July to enforce the 
Act for three years after the passing of the statute, with power to visit 
ferries and appoint bridges and landing places. They were also ordained 
to meet yearly on the first Tuesday of June to stent the heritors of the 
shire to an amount not exceeding ten shillings Scots upon each ;^ioo 
Scots of valued rent, and to account therefor at the Michaelmas Head 
Court. The Act 1670, chap, g, allowed the time for working at the roads 
to be any time in the year, seed time and harvest excepted, and allowed 
the Justices of Peace to dispense with the attendance of persons at a 
distance on payment of six shillings yearly for every man and twelve 
shillings for every horse, to be expended on substitutes. The Act of 
1686, c. 8, authorised the Commissioners of Supply to act along with 
the Justices of Peace. 

There is no record that this code of highway law was at first 
systematically enforced in Banffshire. The first Minute Book of the 
Commissioners of Supply begins in 1696, and the first Minute Book of 
the Barons and Freeholders of the shire is silent on the matter until 
1685, when the following entry, which states that a system of road 
management obtained in the county, occurs : — 

Michaelmas Court, 2nd October, 1685. 

Held by George Gordone of Edinglassie, Sheriff Principal, and 
John Campbell and John Gordone, his Deputes. 

(Suite Roll called, and absents fined.) 

H 



58 RECORDS OF THE COUNTY OF BANFF. 

The sd day Edinglassie, Shirreff Prin", in presence off the Barons 
and Gentlemen conveened att the tyme, did renew and propose the 
fformer methods ffor rectifieing off the hyghwayes conform to the 
fformer acts, and desyred that the gentlemen and all others concerned 
should goe in diligence, and to give account theroff against the 
day off nixt to come ; and in the mein tyme it is committed 

to Edinglassie, Bougny and Kinnardy w' Banoon to consider anent the 
bridge off Inverkeithny and anent any difference betwixt Banoon and 
Haddomill, and it is recommended to Ardmelly to ffurther rectifie the 
way betwixt the Kirk of Aberchirder and Tillidoun and to Knockorth, 
and Baylie Sanders to amend and help that way betwixt Crrannach 
and Cluny. 

The Payment of Commissioners of the Shire. 

The practice of paying Commissioners of the Shire their travelling 
expenses to and from Edinburgh, with an allowance when attending 
Parliament, all stented on the lands of the freeholder electors, ex- 
cluding peers, soon after this period ceased in Banffshire, a condition 
being made at elections that the Commissioners give their services 
gratuitously. 

Banff, I Apryll, 1687, yeirs. 

The sd day being the head Pasch Court day, Sir George Gordon of 
Edenglassie, Shirreff Prin^' off Banff Shyre, presented and produced in 
presence off the Gentlemen and Barrens conveened att the tyme two 
acts under the Viscount off Tarbats hands his Maytles Clerk to his 
Register rolles qrin he specifies, declairs and setts doun therin the 
particular dayes off attendance the Lord Boynd and Edinglassie did 
wait on and attend the sessiones off Parliatt, and dayes as is mentioned 
in the sds acts: And the sd Sir George Gordon did intimat to the 
whole gentlemen and barrens concerned and all lyable in payt, that thay 
pay in ther particular propor^ne qrin. and as they are lyable conform to 
act off Parliatt to James Cock, Collector, appoj^nted ffor that effect, and 
that within ane ffourtnights tyme under the paine off horning and 
uther legall diligences to be used ffor recowering payt conform to act off 

Parliatt. 

The Management of Roads. 

The next mention of roads was at the Michaelmas Court of 1687, 
held by Sir James Baird of Auchmedden and Sir George Gordon of 
Edinglassie and their Deputes, John Campbell and John Gordon. 



ROADS AND MASTERFUL BEGGARS. 59 

Banff, Sepr. last, 1687 yeirs. 
The sd day being the head Michaellmes Court day, the Shirreffs 
Barons Gentlemen and uthers pfitt ordeins ane meetting off the 
Commrs off Supply, Excyse, heretours and all concerned to meett att 
Banff on Thursday, the thretteint off October nixt, ffor takeing inspect- 
tione off the Shyres effeirs, and ffor rewiseing the acts made anent 
hyghways, bridges, &•=, and that the Justices of Peace meett the sd day 
ffor considering former acts. 

Vagabonds and Masterful Beggars. 
The minute continues: And Mr. Allex*" Grant ' to be adwertised to 
keep the sd appoyntment, and to take notice off the pracktise off other 
Shyres anent the restraineing off wagabonds and beggars, and the sds 
Commrs and Justices of Peace appoynted to keep the sd dyet under 
the faylie off tuentie merks ffor ilk absent Commr or Justice off Peace 
conform to act of Parliatt. 

James Baird. 
G. Gordone. 

To restrain vagabonds, sorners and masterful beggars a series of 
statutes were enacted by the Parliaments of Scotland, in particular, 
1445,0.45; 1477,0.77; 1579,0.74; 1617, and 1661, c. 38. The Act 
i579» c. 74, ordained that all persons above 14 and below 70 years of 
age, who shall be taken wandering and misordering themselves, all idle 
persons ganging about using unlawful plays, Egyptians and seers, and 
all persons being haill and starke in bodie and abille to worke, alleging 
them to have been berried or burnt, uthers nouther liavand land nor 
maisters nor lawful occupation, who can give na reckoning how they 
lawfully get their living, and all sangsters, etc., all common labourers, 
being persons able in body living idle and fleeing labour, should be taken 
and punished as Strang beggars and vagabonds. They were to be 
apprehended, imprisoned and tried within 6 days, and, if convictea, 
were to be scourged and, for a second offence, punished as thieves. 
While imprisoned, they were to be allowed each day, at the expense of 
the parish where apprehended, ane pund of ait bread and water to 
drink. The statute 1661, c. 38, which established in Scotland Com- 
missions of the Peace in the various counties, enacted that the said 
Commissioners shall put his Majesties' Acts of Parliament to due and 
full execution against wilfull beggars and vagabonds, solitary and idle 
men and women without calling or trade, lurking in alehouses, tyed to 
no certain services, repute and holden as vagabonds, and against those 

' Sheriff Clerk of Elgin, and in 1689 Tacksman of Excise in Banff and North. 



]6o RECORDS OF THE COUNTY OF BANFF. 

persons who are commonly called Egyptians; and they shall punish and 
fine their ressetters and setters of houses to them accordingly, by such 
competent pains as is proper for them to enjoyn. The Act 1663, c. 16, 
imposed a tax on the parishes where such vagabonds or idle persons 
as shall be found begging were born, or in case the place of their nativity 
be not known, the parishes where they have any residence haunt or 
most resort for the space of three years preceding their being appre- 
hended, for putting down vagabonds — the one half to be paid by the 
heritors, and the other half by the possessors and inhabitants, according 
to their means. 

Justices of the Peace. 

Under the Act ^ for renewing Justices of Peace, passed in 1663, 
besides the Lords of the Privy Council and Senators of the College of 
Justice, there were appointed within the shire of Banff: — 

The Earles of ffindlater and Aboyn, the Lords Ogilvie and Bamff, 
the Laird of Boynd, Sir Patrick Ogilvie yor of Boynd, Sir Alexander 
Wrwhart yor of Dunlugus, Sir James Baird of Achmedden, James 
Gordoun of Rothemay, Peter Meldrum of Lethers, Sir Alexander 
Abercrombie yor of Birkenboig, George Keith of Northfeild, George 
Gordoun of Thornebank, James Sutherland of Kinminitie, Johne Leslie 
of Kininvie, Johne Grant yor of Ballindalloch, William Innes of 
Kinnermonie, Mr. Johne Abercrombie of Glassoch, William Leslie of 
Birdsbank, the Provost and Baillies of Bamff for the tyme being, John 
Leslie of Auquhorsk, Alexander Abernethie of Auchinleich : And 
nominats and appoints the Laird of Birkenboig to be conveener. 

Irregular Salmon Cruives. 

Cruives used in salmon fishing were regulated by the Acts 1424, 
c.ii; 1477, c. 73; 1489, c. 15; 1563, c. 68; 1581, c. iii, and 1685, c. 
20. It was unlawful to fish where the sea ebbs and flows, otherwise 
than by rod or net and coble. 

Banff, Appryll 20, 1688. 
The sd day being the head Pasch Court ther wes ane complaint 
given in by sewerall gentlemen and heretors on the water off Diworn, 
complaineing upon the irregalaritie off the damme and cruives on the 
said water. The Shirreffs takeing the samen to ther considera^ne, and 
that all concerned may have equall justice, hawe concluded that my 
Lord Boynd Achmedden and Edenglassie sail speak and commoun w^ 
the E: off Airly, he being att the tyme in the countrey, that maters may 
' The Acts of the rarliaments of Scotland, Vol. VII., pp. S43-4« 



THE REVOLUTION IN BANFFSHIRE, 1688. 61 

be accommodate in ane ffrindly, and in the mein tyme the tuo Deputts 
are appoynted to goe to take inspectione how and in qt caice the sds 
damms cruivs and hecks are, and iff they be regular conform to law, 
and to report. 

The sd day Sir George Gordon off Edenglassie presented publictly 
ane sasine off Sir George Ogillwy off Carnusies, sometyme off Dunlugus, 
instructing hes right of hes fishing on the water off Diworn, daited the 
sixt off July, 1583 yeirs. 

The Revolution in Banffshire, 1688. 

The absolutism of King James II., shown in his use of the dispensing 
power, in his openly displayed favour for the Roman Catholic religion, 
though it resulted in general religious toleration one hundred and forty 
years before its time, and the King's consequent unpopularity have 
been assumed to be the most decisive causes of the success of the Revolu- 
tion. More decisive than these was his fatal lack of resolution and of 
bold initiative in firmly opposing at the outset the invasion of the Prince 
of Orange. For years William's campaigns in the Low Countries had 
been the school of arms for adventurous Englishmen and Scotsmen ; 
and for long he had been building up a party at the court of King 
James. So long, however, as his wife ^\ as next to the throne there was 
no necessity for revolutionary action. The birth of the Prince of Wales 
in June, 1688, interposing as it did an heir between his wife Mary and 
the throne, rendered immediate action on his part imperative, if he and his 
house were to gain the crown. This event seems to have moved him 
to action quite as effectually as the reasons given in his public proclama- 
tion, that King James had violated the fundamental principles of 
constitutional government and of English Kingship. 

The birth of Prince James and the fears of a Catholic succession did 
not in the North of Scotland carry with them the sinister unpopularity 
one is led to believe they did. Earlier in the year, the Priv\' Council 
had evoked the loyalty of the people by ordering a thanksgiving 
throughout Scotland on igth February for the expected event. On 12th 
February, 1688, in the kirk of the parish of Grange,' this act "for keeping 
a solemne day of thanksgiving for the Queen's happie conception " was 
publicly read from the pulpit after sermon. A thanksgiving was also 
duly held in Banff 2 on the date appointed, when the preacher chose for 
his text the second verse of the first chapter of the first book of Samuel, 
where Hannah, the then childless wife of Elkanah, figures ; while at 
Fordyce the Rev. Alexander Gelly discoursed from the text, " O give 
thanks unto the Lord for he is good, for his mercy endureth for ever." 

'Dr. Cramond's "Church of Grange," p. 53. 

''Dr. Cramond's "Annals of Banfif," Vol. II., p. 58. 



62 RECORDS OF THE COUNTY OF BANFF. 

Other parishes in the county kept this anticipatory thanksgiving as 
ordered; and the ministers doubtless preached as loyal sermons as Mr. 
Gelly, Fordyce, and Mr. Patrick Innes, Banff, judging from the texts 
they handled, seem to have done. And now that the " happie " event 
had happened, thanksgivings were general throughout the country. On 
the 4th of July that year, at a meeting of the Presbytery of Fordyce, ^ 
" all the brethren present declaired that they had observed the thanks- 
giving conforme to the Act of His Majesties most honobl privie Counsell 
for the Quenis Majesties safe delyverie of the high-born Prince and 
Stewart of Scotland." Action and language like this are hardly the 
action and language of disaffected subjects. 

During 1688, preparations for invasion by the Prince of Orange went 
on in the Low Countries, coupled with a growing political propaganda 
in this country, only to be accentuated on the birth of Prince James ; 
and though news of these preparations in Holland reached England, 
King James was slow to believe that his son-in-law meant business. 
Early and reliable information regarding public events was of import- 
ance to the various communities at such a time ; and the entry in the 
Town Council minutes of Banff on 28th August that the Earl of Airlie, 
who was a loyal supporter of James and who had large interests in the 
burgh and its neighbourhood, paid to the burgh treasurer £6 Scots " for 
helping the upholding of the posts going," indicates a rising interest in 
current events. By this time the propaganda in the interests of the 
Prince of Orange was being so openly urged in Scotland that in August 
the Privy Council took steps to suppress the same ; and a faint echo of 
the action of the Lord Chancellor lingers in the records of the Kirk- 
Session of the parish of Grange, * which bear that on 2nd September 
there was read from the pulpit, as there must have been from most of 
the other parish pulpits of the county and the north, a general 
proclamation "from the Privie Council against importing, selling, buying 
and keeping of seditious books or pamphlets," though the probability is 
that, north of the Grampians, there was little buying or selling of 
seditious or any other books. 

Convinced at last that William seriously meant invasion, James in 
September, 1688, through the Scots Privy Council, always the ready 
instrument of the Sovereign, put Scotland on war establishment. The 
Militia of his Northern Kingdom was embodied; the Highland Chiefs, 
mostly loyal, w ere ordered to be ready to assemble their clans ; and 
such strategic positions as Edinburgh and Stirling Castles were 
garrisoned. My Lord Chancellor the Earl of Perth accordingly 
addressed summonses to the several Sheriffs of the shires in Scotland ; 
and in Banffshire, on i6th September, his letter to the Sheriffs-Principal, 

' Dr. Cramond's "Presbytery of Fordyce," p. 49. 
'Dr. Cramond's "Church of Grange," p. 55. 



ROLL OF BARONS AND FREEHOLDERS, 1688. 63 

" for the convening of all the heritors, liferenters, wodsetters, &c., at the 
head burgh of the shire upon the 21st of September instant with their 
best horses and arms, &c.," ^ was read in the various parish kirks. The 
rendezvous given for the 21st of September was most likelj' held, though 
there is no local record of the same. This much is certain, that Sir 
George Gordon of Edinglassie and Sir James Baird of Auchmedden, 
Joint Sheriffs- Principal of the county, convened on 5th October, 1688, 
the barons and freeholders of the county to the usual Michaelmas Head 
Court of the county at Banff, to concert and advance measures for the 
defence of the kingdom. At that Head Court the following roll of 
those holding their lands of the Crown, and owing suite and presence to 
the Sovereign was called, and the individuals were marked excused, 
absent or present, as the case might be. 

Michaelmas Head Court, 5th October, 1688 — Suite Roll. 

ex The Duke of Gordone for his lands of fforest of Boynd, Eingzie, 
Auchindoun, Strathawin, Inverurie, ffotterletter, Gairtly and 
Corronassie. 
ab The Earle of Erroll for his lands of Montblairie. 
ab The Earle of Marrishall for his lands of Inverugie, Durn and 

Auchinhampers. 
ab The Earle of Buchan for his lands and Lo of Glendowachie, 
Doun and Montblairy. 
p The Earle of Airly for lands of Alvach, Bachlaw and Tipperty. 
ab The Earle of ffindlater for his lands of ffindlater, Deskfoord and 

Castlefeild. 
ab The Lord Banff for his lands of Inchdrowar, Sandlaw, Blair- 

shinoch and Doun. 
ab The Lord Oliphant for his lands of Pettendreich, Airdfour and 

Auchininay. 
ab The Master of Saltoune for his lands and Lo of Balvenie. 
p The Lord Boynd for the thayndome theirof and Ratties. 
ab The Lord Auchintowell for the lands theirof. 

p The Laird of Auchmedden for the lands of Pittgair and Awalds. 
ab The Laird of Birkenboig for the lands of Gallcross. 
ab The Laird of Rothimay for the lands theirof. 
p The Laird of Park for the lands theirof. 

p The Laird of Edinglassie for the lands of Glenmarkies and 
Carnousies. 
ab The Laird of Bellendallach for the lands of Tullocharron. 
ab The Laird of Kempkairn for the lands of Drumna-Keith. 
p The Laird of Denluges for the lands theirof and Muirden. 

•Dr. Cramond's "Church of Grange," p. 55. 



64 RECORDS OF THE COUNTY OF BANFF. 

■ ab The Laird of Beldornie for the lands theirof. 
ex The Laird of Itlaw for the lands theirof. 
ab The Laird of Rannes for the lands of Muldavitt. 
ab The Laird of Kenermenie for the lands theirof. 

p The Laird of Baldavie for the lands theirof. 

p The Laird of Kilmachleon for the lands theirof. 

p The Laird of Cromby for the lands theirof. 

p The Laird of Troup for the lands theirof. 
ab The Laird of Lesmurdie for the lands theirof. 
ab The Laird of Buckie for the lands theirof. 

p The Laird of Boigny for the lands of Convoy. 

ab The Airs and Surs. of Laithers for the lands of Drauchlaw and 
Drauchlaw Mill. 

p Mr. Thomas Mercer of Todlaw for the lands theirof. 
ab The Airs and Surs. of the deceist Mr. James Gordone for the 

barronie of Yeochrie. 
ab The Airs and Surs. of Glengarrock for the lands theirof. 

p The Laird of Kinairdy for the lands of Neitherdale. 

p David Crookshank of Balnoon for the lands theirof. 

p John Abernethie of Meyan for the lands theirof and Quoir. 

p John Lesly of Kininvy for the lands theirof. 
ab Walter Lesly of Tulich for the lands theirof. 
ab George Keith of Northfield for the lands theirof. 
ab Arthur fforbes of Turtries for the lands theirof. 

p Mr. William Joass of Colleonard for the lands of Denhead, 
Poddocklaw , and Whyteouty. 
ab George Coming, late Provest of Elgine, for the lands of Bregachie 

and Lettervandich. 
ab Alexr. Duff of Keithmoir for the lands of Lettoch and Aldach- 

lagan. 
ab Alexr. Duff of Bracco for the lands theirof and Knock, 
ab The Airs and Surs. of Alexr. Gordone of Arradoull for the lands 

of Haughs, Maisly, & fforgie. 
ab Peter Russell of Mountcoffer for the lands of Inverichnie. 
ab John Innes of Edingeith for the lands theirof. 
ab John Ramsay of Melross for the lands theirof. 
ab The Vassalls of the Abbacie of Aberbrothock. 
ab The Vassalls of the Abbacie of Couper. 
ab The Vassalls of the Abbacie of Kingloss. 
ab The Bishop of Murray, 
ab The Bishop of Aberdein. 
ab The Parson of Ratvein. 



ABSENT BARONS. 65 

The minute of this Head Court of 5th October, 1688, Hke most 
former minutes, records the absence of many who owed to the King suite 
and presence, and notes the usual consequence of such absence, and, 
though the meeting was larger than usual, the measures taken to ensure 
personal attendance. At the same time, the embodiment of the Earl of 
Erroll's regiment of militia, which had four Banffshire companies, was 
announced. Captain Hay mentioned was no doubt Captain John Hay 
of Echries, Grange, a cadet of the Hays of Rannas in Rathven, and 
Tutor of Rannas. Alexander Garden of Troup, Gamrie, on 28th August, 
1663, succeeded to the lands and barony of Troup on the death of 
his father. Major Alexander Garden, who had served under Gustavus 
Adolphus, and had on his return from the Swedish wars purchased, in 
1654, Troup. He married Bathia, daughter of Sir Alex. Forbes of 
Craigievar. 

Fines for Absent Barons. 

The wholl noblemen, barrons and others above wrten, being 
thryse called and not compeiring, were ilk ane of them deceirned and 
amerciate in the sum of ffyftie pounds for defect of suite and the lyke 
sum for defect of personall presence, and ordained to make payt of the 
samen within terme of law, except the Duke of Gordone excused, the 
Earle of Airly, the laird of Boynd, the laird of Auchmedden, the laird of 
Park, the laird of Edinglassie, the laird of Denluges present, the laird of 
Itlaw excused, the laird of Baldavie, the laird of Kilmachleon, the laird 
of Cromby, the laird of Troup, the laird of Boigny, Mr. Thomas Mercer 
of Todlaw, the laird of Kinardy, Balnoon, Mej^an, Kininvye, Colleonard 
present. 

The Shirreffs takeing to ther consideratione the paucitie off the 
number off the noblemen, barans and wthers the gentlemen conveened, 
and who ought to havve been present att this head court, ordeins heir- 
efter that no proxies be allowed, bot that the barons themselves be 
personally present, or their said sufficient persons off worth radie to 
atten his Majties serwice and command qnewer called, notwithstanding 
off any proxie, and thes pnts are intimated att this head court that non 
pretend ignorance for the futur. 

The Embodiement of the Banffshire Militia. 

The sd day Sir George Gordon off Edenglassie, Shirreff-prin", did 
produce ane letter from the E. of Erroll with sewerall publict printed 



66 RECORDS OF THE COUNTY OF BANFF. 

intimationes ffor conveening the E. off Erroll's regiment off militia ffor 
ane generall randiwous conform to the days mentioned in the pilblict 
intima^ns: My Lord Boynds company to meett att Banff the 15 
current, Captain Hays company to meett att the Newtoun of Park the 
sd day, Edenglassies company att Edenglassie lykways the sd day, 
Troups company att Minnonie. 

The Patent of Sir John Gordon of Park, as Knight Baronet, 

The said day Sir John Gordon off Park, att the head court 
pubHctly in piice off barons conveened produced his patent from his 
Majties as Knyght Barronett, and accordingly ordered to be enrolled, 
qrupon the sd Sir John took instruments qch wer received and allowed, 
and enrolled in the suitt roll accordinglie, and that the patent may be 
lykways insert and regrat in the head court book ffor future memorie. 
Qron act. 

Att Banff the ffyft day of October Iajvji& eighty eight years in 
piice of Sir James Baird of Auchmedden and Sir George 
Gordone of Edinglassie, Knights Conjunct Sherriffs Prinlls of 
Banffshyre. 
The whilk day compeired personally Sir John Gordon of Park, 
Knight and Barronett, who produced ane patent granted to him by our 
S. L. the Kings Mtie under his Mties great seal of his ancient King- 
dome of Scottland creating and constituting him and his airs male for 
ever Knights Barronetts in mainer and conforme to the sd patent after 
insert, and desired that he might be enrolled in the suite roll for the 
head courts of the sd Sherriffdome conforme to his dignity as Knight 
Barronett aforsd, and that the said patent might be insert and regrat in 
the Sherriff court books of Banff theirin to remaine till futur memorie ; 
whilk desire the saids Sherreffs having considered ordained the sd Sir 
John Gordone of Park to be inrolled in the sd suite roll in mainer forsd, 
and that the sd Patent might be insert and regrat in the head court 
book of the sd Sherriffdome to the effect above wrten, off the whilk 
patent the tenor followes and is thus — Jacobus Dei gratia Magnae 
Britainiae ffranciae et Hiberniae Rex fideiq defensor Omnibus probis 
hominibus ad quos presentes literae nostrae pervenerint salutem ; 
Quandoquidem nos intelligentes omnes honoris et dignitatis titulos in 



PATENT OF SIR JOHN GORDON OF PARK. 67 

dominiis hisce nostris a nobis tanquam prima fonte et scuturigine in 
subditos nostros de nobis bene meritos, unice promanare Cumq nobis 
abunde satisfactum sit de dignitate et meritis Domini Johannis 
Gordone de Park deq suino suo zelo et promptitudine ad servitium 
nostrum promovendum Nosq hac ratione benigne cupide durabilem 
quandem regii nostri favoris tesseram in ilium conferre ut animus et 
vires illi addantur in servitio nostro pro futuro perseverandi : Noveritis. 
igitur nos ex certa nostra scientia proprioq motu virtute potestatis 
nostrae et prerogativi regalis pro nobis et successoribus dedisse con- 
cessisse et contulisse sicuti tenore presentium damus concedimus et 
conferimus in dictum Dominum Johannem Gordone de Park et 
heredes suos masculos in perpetuum titulum honorem ordinem gradum 
et dignitatem Militis Baronetti et per presentes facimus creamus et 
constituimus praefatum Dominum Johannem Gordone de Park, ejusq 
heredes masculos praedict in perpetuum Milites Baronettos ordinamus 

eos eorumq uxores et liberos rexive eodem titulo cum prioritate 

et praecedentia tarn publice quam privatim post datam presentium frui 
et gaudere eodem modo quo quivis alius Miles Barronettus intra diet 
regnum Scotiae ejusq uxor et liberi quovis tempore prseterito potiti et 
gavisi sunt vel eodem in posterum frui et gaudere poterint cum gener- 
ajitate presentium omnibusq aliis formalitatibus et solemnitatibus 
quibuscunq dispensamus mandamus porro Leoni nostro armorum regi 
ejusq ffratribus fferialibus ut praifato Domino Johanni Gordoun de Park 
ejusq hairedibus masculis praedict talia insignia armorea seu prioribus 
additamenta qualia videbuntur congrua dent et prsescribant : In cujus 
rei testimonium presentibus magnum sigillum nostrum appendi prai- 
cepimus apud aulam nostram de Vindsore vicesimo primo die mensis 
Augusti anno Domini supra millesimam sexcentesimam octogesimo 
sexto regniq nostri anno secundo per signaturam manu S : D : N : Regis 
suprascripti et sic a tergo scribitur. Wrten to the great seal and regrat 
the sext day of October, 1687. Subt. thus Jo Graham. Sealed at Edr 
the sixt day of October, 1687. — J. Hay. 

The Revolution in Banffshire. October, 1688 — March, i68g. 

The County Militia, after assembling on 15th October, probably joined 
Erroll's other Aberdeenshire companies on their way to the general 
rendezvous appointed for the northern levies at Brechin. When King 



68 RECORDS OF THE COUNTY OF BANFF. 

James's proclamation was read in Cullen^ ordaining the militia, heritors 
and others to march to Brechin, and there await further orders from his 
Majesty, it was promptly obeyed. The Council minute condescends 
on the names of the five soldiers and pioneers sent out that year and 
probably at this juncture : Thomas Anderson, Alexander Anderson, 
William Smith, John Rathven, and John Gumming, who were armed 
with three muskets and two 'picks.' 

Shortly after embodying the militia of Scotland, King James, to 
strengthen his hold on London, ordered south the compact standing 
army of Scotland, consisting of 3000 well trained loyal troops, under 
such leaders as Queensferry and Claverhouse. In Scotland the removal 
of the regular army to London at once placed the dominating power in 
the hands of the newly embodied militia and their leaders, who were 
predominantly Lowland, Presbyterian and Whig. This was the more 
accentuated as the Highland Clans, traditionally loyal as most of them 
were, had not been called out. The northern militia, also solidly loyal, 
probably marched no further south than Brechin ; while the lowland 
and western Whig regiments of militia filled Edinburgh, the seat of the 
government. 

On the 5th of November, 1688, William landed at Torbay in Devon- 
shire. He had at first a chilling reception. Had James, therefore, who 
had a well trained standing army at command, boldly attacked the 
Prince at once, he most probably would have been victorious ; but his 
fatal irresolution and want of action, and the consequent successful 
intrigues of his opponent with the leaders of the King's army, many 
of whom had served in the Dutch wars, gave William victory without 
a blow. With the withdrawal of James abroad in December the 
Revolution became an accomplished fact, and William reigned de facto 
King in his stead. The regular army of England became Orange, and 
with the exception of a few ultra loyalist Jacobite leaders like Viscount 
Dundee, the Scots regular army in England, after the withdrawal of 
James, likewise verted to William. 

Alexander, First Duke of Gordon. 

Dundee and Balcarres, who had through all temptations remained 
true to James, returned to Scotland in P'ebruary, i68g — Dundee with 
the King's commission as Commander-in-Chief of an army that did not 
exist, and with instructions to await orders, developments and troops 
before taking the field, and Balcarres with a commission placing him at 
the head of a civil administration, already in the hands of the other 
side, a commission destined never to be executed. In their absence in 

' Dr. Cramond's " Annals of Cullen," p. 52. 



THE REVOLUTION IN BANFFSHIRE, OCT., 1688 — MARCH, 1689. 69 

England, Alexander, first Duke of Gordon, the most powerful nobleman 
in Scotland north of the Grampians, with large interests in the counties 
of Aberdeen, Banff, Moray and Inverness, alone stood out in arms for 
James, and continued to hold Edinburgh Castle for the King. A bolder 
initiative on his part would have served his master better ; but even his 
defensive attitude in holding on to the Castle was important for James's 
cause, at a time when so many of the ruling cast were trimming. In 
BanjfTshire the Duke of Gordon was undoubtedly the most influential 
personality, though an adherent of the ancient Roman Catholic religion, 
both on his own account and on account of his great influence as the 
natural head of the powerful sept of the Gordons, the branches and 
cadets of that family being, generally speaking, very loyal to their head. 
Loyalty, however, in these critical times was often of a loose kind ; and 
a salient feature of the Revolution and of the Risings of Fifteen and 
Forty-five, so marked that one is driven to the conclusion that it was 
calculated, was the frequency with which various influential men 
trimmed and changed sides, and members of the same families connected 
by blood or marriage ranged themselves on different sides, seemingly on 
the principle that whatever side won, some one in the family would be 
on the winning side. The Duke of Gordon's influence was paramount 
in Bellie and Rathven, including Enzie, parishes lying under the 
shadow of Gordon Castle, whose inhabitants were largely Roman 
Catholic. In these parishes, where his holding in land was extensive, 
lie could also reckon on the backing of the Gordons of Gollachie, 
Letterfourie, Arradoul, Auchinreath, Glastirem, Thorniebank, Cairn- 
field, Cluny, Buckie and Freuchny. His influence was also strong in 
Mortlach, but here by a strange coincidence it was to be countered 
by two forces which one would have expected to have gone strongly 
with him. These were Alexander Duff", wadsetter of Keithmore, now 
also an extensive proprietor in Mortlach, long the Duke's Baron Bailie 
of the Regality of x\uchindoun, with his lawyer son Alexander Duff of 
Bracco and of Balvenie, and Sir George Gordon of Edinglassie. In 
Inveravon, with John Roy Grant of Ballindalloch on the same side, the 
Duke's interest was supreme; and so it also was in Kirkmichael, or 
Stradoun, as it is oftener called, where the well-known John Gordon, 
Tutor of Glenbucket, long wielded the Gordon influence. 

Meantime in the North there was unrest, uncertainty and excitement. 
What had become of the embodied militia of ErroH's regiment after 
James's departure abroad ? My Lord Boynd, Troup, and Edinglassie, 
three of the four captains who had gone south in October, were at any 
rate north again in Banff on 6th March, i68g, and so likely was Captain 
Hay; and the probability is that the Banff"shire companies had returned 
home again. The County and Burgh authorities anxiously awaited the 



7© RECORDS OF THE COUNTY OF BANFF. 

development of events. In Cullen ^ " the Bailyies and Counsell agrie 
to send in ane weeklie post to the Post Office at Banff for intelligence, 
and for that effect the Counsell allowes to the said post foure shillings 
Scots weeklie and allows to the postmaster his servant foure shilling 
Scots money for transcryveing of letters of intelligence weeklie " — the 
\\eeklie substitute in those old days for the newspaper of to-day. As 
cautious and orderly burgesses they further direct, no doubt in view of 
previous abuses, that " no ail, bear, or uther liquor [be] allowed to be 
sold or vented after the setting of the guard any night hereafter under 
the failzie of ^^40 Scots." To be ready for all emergencies, the Town 
Council, finding it necessary that the inhabitants should be exercised 
in arms, embodied the whole fencible inhabitants of the burgh in five 
squads of twenty-four men each, under the command of five Councillors, 
and ordered weekly exercises. That year 65 persons in the burgh of 
Cullen were provided with sufficient firelock guns, and as many of the 
other inhabitants as possible with densaxes. ^ 

Early in i68g, London was swarming with Scots ; and William, to 
regularise as much as possible his de facto sovereignty, on the advice of 
the leading Scots noblemen and gentlemen who had gone up to London 
to pay him court, and whom he had consulted in order that he might 
obtain as much sanction as possible to his assumption of royalty, agreed 
to summon a Convention of the Estates of Scotland. Accordingly on 
.5th February the Prince of Orange drew up at St. James's Palace, 
London, his missive letter summoning said Convention of Estates in 
Scotland. Later in the month it reached the north. To the Scots 
Parliaments Banffshire had long returned four Commissioners — two 
from the county and one from each of the royal burghs of Banff and 
Cullen ; and the missive ordering the elections accordingly came to the 
hands of the Sheriff-Clerk of the county and of the Town Clerks of 
the two royal burghs. George Leslye of Burdsbank, Sheriff-Clerk of 
Banffshire, and the Town Clerks of Banff and Cullen acted upon the 
instructions contained in the letter ; and their action in doing so shows 
that the government of the county by this time was so far at least 
with the de facto Sovereign. 

Election of Commissioners for the Burghs of 
Cullen and Banff. 

On the 1st of March the Town Clerk of Cullen produced the pro- 
clamation and commission directed to him by " His Highness the 
Prince of Orange." Following thereon, Mr. James Ogilvic, second son 

'Dr. Cramond's " Amniis uf Cullen," j). 52. 
' Probably Danish axes. 



ELECTION OF COMMISSIONERS OF THE SHIRE. 71 

of the Earl of Findlater, an able, rising and ambitious 3'oung advocate, 
who was to carve out an earldom for himself, and by his statesmanship 
was materiall}- to assist in the union of the Parliaments of England and 
Scotland, was chosen Commissioner for that burgh. Born in 1663, he 
was called to the Bar in' 1685, where at first his relative Lord Boyne's 
influence contributed to his success. At this juncture he stood for King 
James. The records of the other ro\'al burgh of the county, Banff, the 
head burgh of the shire, unlike those of Cullen, are silent about the 
public events of 1688 and 1689. We only know that Provost Walter 
Stewart, who had been Commissioner from Banff to previous Parlia- 
ments, was chosen to represent Banff at the Convention. He served 
in subsequent Parliaments down to 1700. 

Election of Lord Boyne and Alexander Duff of Bracco 
AS Commissioners of the Shire. 

The meeting of Freeholders who elected the Commissioners for the 
county was held on 6th March, 1689, and the following minute of their 
proceedings shows that the Prince of Orange, though he had not yet 
assumed the style of sovereignty, and could not constitutionally do so, 
impliedl}- did so when he spoke of " his kingdome of Scotland." His 
restriction of the electors and commissioners to Protestants, harmonizing 
as it did with the test act of Charles IL, at the same time fitted well 
into the religious propaganda in his interest for the kingship, and 
squared with the predelictions of the Presbyterians in the country, 
whose motive power carried him into the sovereignty. 

Banff, 6th Merch, i68g yeires. 

The said day the Barrons and Freeholders off the shy re being con- 
veened, they in the first place did elect and choise mj' Lord Boyne 
preses, and thereafter ther being produced his Highnes the Prince of 
Orange letter, under his hand and seall off the date at St. Jamesses the 
ffyft da}' of ffebruary last bypast, bearing that upon a desyre off the 
Lords and Gentlemen off his kingdome off Scotland mett at Whythall, 
he had called a meiting off the Estates to be holden at Ed"" the fourteint 
day off Merch instant, and therfor in pursuance and according to the 
tenor off the said advyce requyred the Shreff Clerk off the sd shyre that 
upon the recept of the sd letter to give pubhck intima°ne of the same 
upon the first Mercat day at the Cross of the Head Burghe of the sd 
shyre of Banff in the due and usuall maner, and to appoynt a day to be 
at least eight dayes after the said intima^n for the meiting of the Free- 



72 RECORDS OF THE COUNTY OF BANFF. 

holders at the Head Burgh of the sd shyre to choose their Comissioners 
for the meiting off the sd Estates at Ed*^ the sd 14 day of Merch, and to 
leave a coppy yroff and of the sd intima^n containing the day for 
electione affixed on the sd Croce, the Freeholders being Protestants and 
having the value of lands requyred by the law for making electione, the 
Comissrs being Protestants without any other exception or limitation, 
as the sd letter of the sd date forsd bears : In obedience to which order 
and intimation accordnglie given at the haill paroches kirks off the 
shyre for the Barrons and Freeholders to meit'this day and place in order 
to the choising off the sds Comissioners, conveened the Barrons and 
Freeholders following, as they who hes privilege and power be the act 
of Parliament in election off Comissioners drawen upon a subscryved 
list and heir ingrossed in maner under wrttin, to witt Sr Patrick Ogilvye 
of Boyn on off the Senators of the College of Justice, Sr John Gordon 
off Park, Knight and Barronet, Sr James Baird of Auchmeden, Sr 
George Gordon of Edinglassie, Alex"" Gairden of Troup, Mr. George 
Meldrum of Cromby, Walter Steuart of Boige, Alex*^ Duff of Bracco, 
Mr. William Joass of Colynvart, George Keith off Northfeild, Captain 
James Ogilvye off Ne}^herdaill, Robert Grant of Dunlugus, 

, Anderson of Westertone, John Ramsay of Melrosse, 
James Ogilvye off Baldavye and George Leslye off Birdsbank. ^ 

Patrick Ogilvie. 
Geo. Leslye, els. = 

In the next place before proceeding to the election off the Comissioners 
it vves objected against Westertoune that he can not have vote in the 
forsd election, because he is denuded of any right he can pretend to his 
lands in favors off Richard Maitland, donatur to his forfaultur, who 
stands infeft publicklie yrin under the great seall, and he not present. 
Secondlie, any right he hes or could pretend yrto before he wes denuded 
holds off the Lo of Balveny, and by particular act of the Excheqr 
reserving right of the superiortie to the superiors of Balveny, and yr 
ane decreit off the Lords of Session standing against him and the sds 
lands for ther fewdeutie of the same : Qrupon instruments wes taken be 
my Lord Boyn and Bracco as having right to the sd superioritie. To 

* Here follow deleted the words—*' and Adam Innes of Towiebeg." 
' CIs. contraction for clericus. 



BOYNE AND BRACCO EJECTED COMMISSIONERS OF THE SHIRE. 73 

the which it wes anscred by Westertoun that he hes a right from the 
true heritor. 

Therafter the saids Barrons and Freeholders, after mature dehberation 
reasoning and voting amongst themselves, they be pluralitie off votes 
did elect nominat and choise, and be thir pntis elects nominats and 
choises the sd Sr Patrick Ogilvye of Boyn and Alex"" Duff off Bracco to 
be Comissioners for them and the sd shyre, to keep and attend the said 
meiting of the Convention off Estates to be holden at Ed*" the sd 
fourteint day of Merch instant, giving and granting to them ther full 
power warrand and comission to sitt vot reason treat and conclude 
upon all maters that shall be proponed debait and agente in the sd 
Convention, fullie and alse freelie as any other Comissioner or Member 
in the sd Convention shall doe, ratifieing all and whatsomever the sds 
Comissioners shall doe yranent. ^ In testimonie qroff thir pntis are 
subt be the sd Sr Patrick Ogilvye of Boyn and George Leslye of Burds- 
bank Shreff Clerk allowing alwayes lykas they allow to the sds 
Comissioners the charges granted and allowed to them be the act off 

Parliament and conforme yrto in all poynts. 

Patrick Ogilvie. 

Geo. Leslye, els. 

Anderson of Westertoune. 

The following sasine minutes throw some light on the Andersons of 
Westertoune, Botriphnie, an estate now and for long in the hands of 
the Duffs of Drummuir. Issobell Douglas, wife of James Anderson, 
was a daughter and co-heir of Dr. Alexander Douglas, Provost of 
Banff and Sheriff of the county, a covenanter and a supporter of 
Cromwell's rule. The two extracts from Lord Fountainhall's notes 
show that their son, young Anderson, referred to in the above minute 
of 1689, had inherited similar views. 

23 January, 1665. — Seasing Johne Andersone, now of Arbreak, of 
the toune and lands of Midle and Easter Ardbrake, Slagraney, . 
Shenwall, and croft of land called ye Letache myln and mylnlands of 
Ardbrake, w^ the foure oxegate lands of the Davauch of Auchmadies, 
He and Dask wMn ye Kirk of Botriffnie. 

10 Nov., 1665. — Seasing Mr. Patrick Andersone, fiear of Ardbrake, 

' Here is deleted a clause stipulating that the Commissioners give their services gratis. 

K 



74 RECORDS OF THE COUNTY OF BANFF. 

of the two oxengatte toune and lands of Newfortrie, uj'reways callit 
New Cranoch. 

November, 1666. — Saising Issobell Douglas off and upon the just 
and equall half off the toune and lands of Slogmoholl, and toune and 
lands of Breauch and uthers. 

6th November, 1667. — Saising Issobell Douglas, spous to James 
Andersone of Westertoune, of all and haill the toune and lands of 
Westertoune of Ardbrek, Ardbroddine, mylne of Ardbroddine, mylne 
lands, toune and lands of Lochend and Ryzell, and uthers. 

26th ffebrj, 1668. — Saising James Andersone of Westertoun off 
all and haill the toune and lands of Lochend, and uthers. 

24 Maij, 1668. — Saising James Andersone of Westertoune of the 
toune and lands of Slogmoholl, toune and lands of Breach, the toune 
and lands comonlye called Meikle and Litle Dytach, and uthers. 

26 Maij, 1670. — Saising given to James Andersone off Wester- 
toune of all and haill the toune and lands of Wester Ardbreck, 
Midle Ardbreck, Slagrana, Shan veil, Easter Ardbreck, mj'lne 
yroff, Ardbrodine . . . 

Anderson, ^ younger of Westertown, is, upon Duff of Bracco's 
delation to the Chancellor, imprisoned in Edinburgh Tolbooth, for 
treasonable words in the tavern, at a glass of wine, by asserting the 
lawfulness of defensive weapons against tyranicall principles, and 
impugning the King's absolute power, assumed in the late Proclaima- 
tion of Toleration implyed ; immediately a proces of Treason is raised, 
and his compearance to be 28th of March ; he raised an exculpation 
on thir grounds, that anything that's past wes but problematick only 
for argument; and the witnesses were in law inhabile, Bracco 
bearing him mortall hatred, and had appealed him to a duell, though 
they were now drinking together; and Dunbar, Session Clerk of 
Elgine, one of the witnesses, stands infamous in a sentence; he was 
willing to take the new oath, and the Cause is continued, i6th 
March, 1687. 

Anderson 2 of Westertown, having come in the King's mercy for 
treassonable words delated by Duff of Bracco, is forfeited, 26th July, 

1687. 

' Fountainhall's "Chronological Notes," p. 213. 
' Do. do. p. 219. 



the revolution in banffshire, march, 1689-1691. 75 

County Government in Banffshire during the Revolution 
FROM March 1689 to 1691. 

The Rising of Dundee in 1689 and the subsequent operations in the 
field by the Highlanders under Cannan and Buchan, which flickered 
out in 1691, had disorganised the county government. At the Pasch 
Head Court of the county on 5th April, 1689, when the settlement of 
the Crown was still in suspense, neither of the conjoint Sheriffs had 
attended to constitute the court ; and the Clerk was content merely to 
mark the roll, on which the laird of Troup alone appears as being 
present, five others only, including Lord Boynd, having sent excuses. 
In October, at the Michaelmas Head Court, the same year, there was 
still no Sheriff in attendance ; and the Clerk did not even make any 
markings on the roll of those who were present or sent excuses, if any, 
or who were absent. At the Pasch Head Court on 25th April, 1690, 
just on the eve of the fight at Cromdale, though no representative of 
the King was present, there were personally present the laird of Troup, 
Mr. Thomas Meser of Todlaw, John Abernethy of Meyan, and Mr. 
William Joass of Colleonward. The Earl of Airly was present by 
proxy; and the Duke of Gordon, Lord Oliphant, Lord Boynd, Lord 
Auchintouel, the laird of Auchmedden Sheriff Principal, the laird of 
Edinglassie Sheriff Principal, the laird of Dunlugas, the laird of 
Buckye and Alex"" Duff of Bracco sent excuses. At the Michaelmas 
Head Court on 3rd October, 1690, there attended the Earle of Airly, 
the laird of Park, the laird of Killmachleone, the laird of Bogny, Mr. 
Thomas Macer of Todlaw, David Cruickshank of Balnoon, John Aber- 
nethie of Meyan, Mr. William Joass of Colleonvard, John Innes of 
Edingeith and Birkenburn. At neither of the Head Courts of 1690 
therefore did any Sheriff attend. Whatever may have been the case 
with Sir James Baird and the Sheriffs-depute, Sir George Gordon was 
probably too busily engaged in the field to attend to his judicial duties. 

Sir George Gordon of Edinglassie. 

Major-General MacKay, writing to Lord Melvill, Secretary of State 
for Scotland, on 12th October, 1689, says^: — I pray your Lordship to 
mynd the master of Forbes, who hath shewed as much affection to 
their Majesties service and the present cause as any man in Scotland ; 
as did also Sir George Gordon of Edinglassie, who were very instru- 
mental! to keep Aberdone and Bamffshires from joyning the ennemy 
when I was ingadged against them with small forces, before som was 

'The "Memoirs of General MacKay," Appendix, p. 287. 



76 RECORDS OF THE COUNTY OF BANFF. 

got on foot. I have no intrest therin but the Kings service, for they 
are neither my relations nor acquaintance till the occasion of his service 
by distinguishing themselves therin did make them known to me. 

Writing later, on 31st October, 1689, General MacKay continues » — 
" My Lord, Sir George Gordon of Edinglassie having distinguished him- 
self in affection and readynesse upon all occasions to serve his Majestic 
and the interest of the Protestant religion, and the Pryvy Counsell 
upon the reiterat reports which I made of his unwearyed zeale and 
pains for the advancement of their Majesties service, having recom- 
mended him for the first vacant troop among the hors or dragouns, 
and now, the Laird of Blair being dead, I pray your Lordship to 
recommend him for his troop. It will shew others that his Majestic 
is not insensible of honest mens services, and be more serviceable in 
his hands then any two of the rest, for he is a brauve sturring man, 
besydes, my Lord, that he hath got a considerable losse in his hous 
and lands which were intirely plundered, when I was oblidged to make 
a retreat of 2 or 3 dayes this soumer before the Highlanders to joyn 
more forces, at which tyme he abandoned hous and all to cum joyn 
mee. I pray you, my Lord, let it not goe by him. The old man that 
commands it provisionally is not so fit. I can assure you none in 
Scotland will do more service upon the head of it then hee." 

Before Killiecrankie, when MacKay in June 1689 retreated before 
Dundee from Culnakyle in Strathspey via Balvenie Castle to Suyhill in 
Strathdon, he had been assisted in Banffshire by Edinglassie. On that 
occasion Edinglassie's house was plundered and burnt. Later, in 
August, after Killiecrankie, when MacKay was operating in Strathbogie 
and near Auchindoun Castle against the Jacobites under Cannan, 
Edinglassie rendered him effective service. ^ He received the commis- 
sion recommended on i8th December, 1689.2 In the interval between 
the Michaelmas Head Court of 1690, and 22nd January, 1691, Sir 
George Gordon of Edinglassie dropped from the suite roll, having 
died at his low countr)' estate of Carnousie, Forglen. According to the 
author of the Balbithan Manuscript,"* Sir George Gordon, Captain of 
the Indeix^ndent Troop of Horse that belonged to the Earl of Annan- 
dale, "dyed att Carnousie, and was honourably and splendidly buried 

' "The Memoirs of (icneral MacKay," A|)|)endix, p. 293. 

- ** Seaficltl Corres|)ondcnce," ScottUh liislory Socicly, \)[). 53, 54. 

3 Warrant Books (Scollaml), Vol. XIV., p. 244. 

* "The House of Gordon," Vol. I., p. 38. 



SIR GEORGE GORDON OF EDINGLASSIE. 'J'J 

in the Isle of Corncairn or Ordewhill, his whole Troop in mourning 
and a great retinue of his friends accompanying his Interment with 
all Martial solemnitie." 

The following extract from the manuscript minutes of the Privy 
Council of Scotland, while dealing with the case of his son Captain 
George Gordon, relates Edinglassie's sufferings after Killiecrankie. 

Reference anent Georg Gordoune. 

At Edinburgh, 22nd January, 1691. 
Anent a petition given in to the Lords of their Majesties Privy 
Councell be George Gordoun of Carnousie, one of the present Captains 
in the Laird of Grant's regiment, shewing that quher by their Majesties 
proclamation of the tuenttie sixth of December last not only the 
souldiers but also the officers under the comand of the Earle of 
Glencairne, the Viscount of Kenmuir and the Laird of Grant, the 
thrie regiments are appoynted to repaire to the garrisone of Inver- 
lochie, by which proclamation in question it was supposed none of the 
companies of those regiments were ther, wheras the petitioners 
company and himself and inferior officers were allwayes and yet 
remaine ther, and the petitioner by reasone of his indispositione of 
body and want of health had a forloft ' from his supream officer, and 
in respect Sir George Gordon of Edinglassie, the petitioner's father, 
who was a Captain of horse in their Majesties service and dyed 
therin of late, and by reasone of his service suffered in great by the 
Highlanders who were in armes against the government, having 
pllundered his house and pilladged and brunt his lands, and also in 
respect the petitioner's elder brother ^ is now at Vinniece att his 
travells and that leist his affairs by his absence might suffer, the 
petitioner was necessitat during the tyme of his forlofft to come to 
Edinburgh and consult how his affairs should be manadged and 
cannot quickly goe to the place without great detriment to his 
brother's intrest, and lastly in respect the petitioner's company is 
allready at Inverlochy, and if to be disbanded his oune presence can 
signifie nothing how willing so ever he goe and as he will if their 
Lordshipps think it convenient, and is resolved to stopp over all 

' Furlough, from the Dutch Verluf. 
*John Gordon. 



78 RECORDS OF THE COUNTY OF BANFF. 

trowble and loss that otherwayes may therby fall out to his brother 
and his affairs, and therfore craving their Lordships to take the 
premises to their serious consideration and to dispence with the 
petitioners going to Inverlochie since the company is and have been 
from the beginning ther, and the Leivtenant and Ensigne being ther 
will doe all that the petitioner can doe were he ther himself. But all 
this is craved in cace of so great necessity and yet with submission 
to their Lordships will and pleasure by which he resolves to be 
determined aither to stay or goe as the said petition bears. The 
saids Lords of their Majesties Privy Councell having considered the 
above petition, they remitt the samen to Sir Thomas Livingstoune, 
Commander in Cheif of their Majesties forces in this kingdome. to 
doe therin as he shall think litt. 

Some of the Banffshire Barons during the Revolution. 

The Duke of Gordon, after his surrender of Edinburgh Castle in 
June, 1689, proceeded to London, where he made more formal sub- 
mission to King William. His excusing himself from attendance at the 
Pasch Head Court at the county in 1690 indicated his continued 
acquiescence in the new regime. Next year, however, he visited the 
exiled Stuart court at St. Germains, where he was coldly received. 
This visit must have made him suspect, and on his retiral to Switzerland 
he was arrested there at the instance of William's government and 
conveyed to Scotland. On 17th April, 1691, he was undergoing this 
confinement. He was in course liberated ; but during William's reign 
he was on several .occasions imprisoned on account of his suspected 
Jacobite tendencies. 

The Earl of Erroll and the Earl Marischal continued in their correct 
attitude towards the new regime, in which they had early acquiesced. 
Earl Marischal was indeed soon active in support of it, being one of the 
members of the Commission appointed by Parliament in 1690 to visit 
the Scottish Universities. He was one of the Committee who inquired 
into the state of the Universities of Aberdeen that jear when the 
Westminster Confession was imposed upon the Professors. He died 
in 1694. 

James, Earl of Airlie's tendencies were Jacobite, but his restraint 
durmg the rising of Dundee in Edinburgh by the Convention kept him 
out of the struggle. His attendance at the Michaelmas Head Court 
of the Freeholders of Banffshire in 1690 indicates an acquiescence, 
however reluctant it may have been, in the new regime. By 1700 he 



BANFFSHIRE BARONS DURING THE REVOLUTrON. 79 

lost his holding in Banffshire, which was principally acquired by the 
rising family of F'ife ; and the name and ruin of the Lodging of Airlie 
in the Duff House gardens, Banff, now alone perpetuate the connection 
of this old family with the county. 

The attitude of James, Earl of Findlater, was a reflection of that of 
his abler son, James Ogilvie, who was soon to absorb the influence of 
his house in the county and to stand high in the counsels of William. 

William, Earl of Buchan, had, early in 1689, joined King James in 
Ireland. He was one of the Scots officers who came over to Lochaber 
in July that year with reinforcements under Cannan to support Dundee, 
and fought at Killiecrankie. They came over in three French men of 
war ; and an interesting account of the defeat of the Scots naval 
squadron of two ships, the Pelican and Janet, which tried to stop their 
passage, by these French ships is given at pages 26-30 of the Editor's 
" Old Scots Navy, 1912." Along with Viscount Frendraught and 
other Jacobites he surrendered at Federate Castle in the spring of 1690. 
He was included in the process of forfeiture instituted by Parliament 
in May that year against the heads of the rebellion, and on 13th June 
the libel was found proved against him. On 14th July, the Lord 
Advocate intimated that, as the Earl had lately been taken prisoner, 
he did not insist on his forfeiture. The following extracts from the 
Privy Council Minutes throw light on the fallen fortunes of Fren- 
draught and Buchan during their confinement bv the Government. 
Buchan died in Stirling Castle in 1695. 

Warrand FOR Transporting the Viscount of Frendraught. 

At Edinburgh, 15th January, 1691. 

The Lords of their Majesties Privy Councell doe herby recom- 
mend to and requyre Sir Thomas Livingstoune, Comander in Chief of 
their forces within this kingdome, to cause send from Monross to the 
Castle of Edinourgh under a sufficient guard Luies, lait Viscount of 
Frendraught, and ordaines the magistrats of Monross and keeper of 
their tolbooth to delyver the late Viscount to the said guarde, and 
appoyntes the said Sir Thomas to give in to the clerks of Privy 
Councell a list of all such persones as are prisoners in the tolbooths 
of Monross, Inverness, Aberdein and Dundie upon the accompt of 
being in armes for rebellion against their Majesties, and that betuixt 
and Teusday nixt, and recomends to the governour and in his absence 
requyres the Leivtenant governour of the said Castle of Edinburgh 



8o RECORDS OF THE COUNTY OF BANFF. 

to receave the said Viscount of Frendraught prisoner and detaine 
him therin till further ordor. 

Act the Viscountess of Frendraught. 

At Edinburgh, 5th March, i6gi. 

Anent a petition given in to the Lords of their Majesties Privy 
Councell shewing that the petitioner's husband had ane ver}- mean 
and inconsiderable aliment of six hundreth merks Scotts yearly with 
the benefite of the house yeards and some litle parks and meadowes 
belonging therto alloued to him of the liferent and joynture of 
Christian, Viscountess Dowager of Frendraught, his sister-in-law 
both in respect that the said Dowager did liferent the whole free 
state and fortune of the petitioner's husband belonging to him as the 
only nearest air of the family, and lykewayes for severall other serious 
causes and considerationes moving the then Lords of Privy Councell 
therto, which mean aliment being all the sustenance and mean of 
livelyhood the petitioner did enjoy since the date of the said decreit 
which is the day of j^vi*^ and eighty years, and 

upon the forefaulture of the petitioner's husband the same is not 
onh' sequestrat by the saids Lords ordor but ther is lykewayes ane 
chamberland and factor viz. . . . Turnbull of Standhill appoynted 
for uplifting this poor aliment, which having been laboured by the 
petitioner her oune propper bestiall and souen with her oune cornes, 
the petitioner is informed that the said Turnbull, chamber- 

land, appoynted by the saids Lords did extreamly threatten and 
minace the petitioner's greive who hes the oversight of this poor 
labouring not only to give him ane inventar but lykewayes to delyver 
and putt in his hands the haill outsight and insight plenishing be- 
longing to the said lauboring besyds what other bestiall belongs to 
the petitioner, and which by her oune industrie while her husband 
was out of the way did acquyre, so that it is left to the saids Lords 
to judge what miserable conditione the petitioner will by this means 
be brought to being depryved of her very bread, and it is but needless 
for her to express the miserable and sad calamities which will 
undoubtedly ensue to the petitioner if their Lordships out of their 
tender compassion to ane poor miserable distressed lady doe not 



VISCOUNT AND VISCOUNTESS FRENDRAUGHT. 8l 

find out ane remedy, and the petitioner being incouradged to apply 
to the saids Lords out of the confidence she hes of their goodness 
and charity quhich the petitioner's circumstance does loudely call for, 
and lykewayes considering their Lordships bounty and benevolence 
formerly extended to others upon the lyke application, whom the 
petitioner thinks she need not name, the acts of their Lordships 
indulgence and favour towards them being so fresh and recent, the 
petitioner cannot but think that the saids Lords will be also favour- 
able in preserving to her this her poor myte which is all she aither 
hes or can pretend to in the wordle for her lyvelyhood, and without 
which she cannot but expect to be exposed to the fatall hazard of 
the miserie yea of starving itself, and therfore humbly craving their 
Lordships to take her deplorable condition to their serious considera- 
tion and to allow her the benefite of this poor aliment and to grant 
warrand for discharging the said TurnbuU, their factor, 

from trowbling or molesting the petitioner in the possession of this 
her mean aliment, which can be of noe import to the government 
being soe inconsiderable), and lykewayes from threatning and minacing 
the petitioner's servants and lauborers or medling or intrometting 
with any pairt of her poor stock upon the ground that so by their 
Lordships clemency, bounty and compassion the petitioner may 
enjoy that without which it is impossible for her to subsist as the 
said petition bears. The saids Lords of their Majesties Privy 
Councell having considered the above petition presented to them be 
the Viscountess of Frendraught, they heirby approve and continow 
the petitioner's possession of the above aliment of six hundred merks 
yearly for the cropts and years of God j^^vi^ nyntie and j^vi*^ and 
nyntie one, and allowes the petitioner to labour the lands formerly 
possest be her for the forsaid aliment, and appoyntes the above 
Turnbull, chamberland, appoynted for uplifting the rents 
of the saids lands, to repa}' to the petitioner what he has uplifted 
therof for the forsaids years and to restore and delyver back againe 
to her and her tennents the lauboring goods of the saids lands 
intrometted with be him for the saids tuo years and discharges him 
to trowble or molest the petitioner or her tennents in the peacable 
labouring occupying and possessing the samen during the saids tuo 
years. 

L 



82 RECORDS OF THE COUNTY OF BANFF. 

Warrand FOR Transporting the Earle of Buchan and 
Viscount of Frendraught from Edinburgh to Stirline. 

At Edinburgh, the 21st July, 1691. 

The Lords of their Majesties Privy Councell doe heirby recomend 
to Sir Thomas Livingstoune, Comander in Cheif of their Majesties 
forces within this kingdome, to cause transport under a sufficient 
guaird from the Castle of Edinburgh to the Castle of Stirline the 
p>ersones of Earle of Buchan and Leuis, Viscount of 

Frendraught, and recomends to David, Earle of Leiven, Governour 
of the Castle of Edinburgh, and in his absence ordaines the Leiv- 
tenant Governour or nixt comanding officer ther to delyver the said 
Earle and Viscount to the said guaird, and ordaines Captaine Johne 
Erskine, Leivtenant Governour of the Castle of Stirline and in his 
absence the nixt commanding officer ther to receave the said Earle 
and Viscount from the said guaird and to detaine them prisoners in 
the said Castle of Stirline untill farder ordor. 

Act Viscount Frendraught. 

At Edinburgh, 25th Februarj', 1692. 

Anent the petitione given in to the Lords of there Majesties Privie 
Counsell be Lodovick, Viscount of Frendraught, shewing that ever 
since the surrender of the house of Fedderett, the petitioner has been 
keeped prisoner and all the rest that were included in the articles of 
capitulation being sett at liberty, and the petitioner's lady haveing 
only six hundreth merks out of the estate of Frendraught which 
cannot mantaine him and her both, and never haveing hade ane six 
pence from the publict since his imprisonemeat, and therefore humbly 
craveing that there Lordships would be pleased aither to ordaine 
the petitioner to be set at liberty upon his finding cautione to appear 
when called or otherwayes to allow him such ane competent aliment 
as is agreeable to his rank and quality as the said petitione bears. 
The saids Lords of there Majestyes Privie Counsell haveing con- 
sidered this petition given in to them by the above Viscount of 
Frendraught they superceed to give any answer therto untill his 
Majestyes pleasure be knowen in the above matter in respect the 



VISCOUNT FRENDRAUGHT. 83 

Viscount hes not imbraced the benefite of there Majestyes indemnity, 
and in the meantyme appoints ane authentique coppie or extract of 
this petitione under the hands of the clerks of Counsell to be trans- 
mitted to the Secretaries of State that they may acqnant there 
Majesties there with. 

LiBERATIONE ViSCOUNT FrENDRAUGHT. 

At Edinburgh, 8th December, 1692. 

Anent the petitione given in to the Lords of there Majesties Privie 
Counsell be Lodovick, Viscount of Frendraught, shewing that where 
the petitioner being still prisoner since the surrender of the Castle 
of Fedderet yet he cannot but acknowledge his sence of gratitude 
which the saids Lords were pleased to grant him by the late enlarge- 
ment, and in respect that the petitioner has little or nothing to live 
upon and that some of his relationes are dyeing which would be a 
great loss to him if he should not be present befor they dyed, and in 
regaird that Sir Thomas Livingstoun by there Lordships order 
allowed the petitioner to use all means for his releasment aither by 
exchange of prisoners in France or any other way the supplicant 
could fall upon, as ane double of a letter direct from the said Sir 
Thomas to the petitioner produced with the said petitione hes 
testifyed, and seeing that there is only six hundred merks allowed 
to the petitioner's ladie which cannot mantaine them both, and that 
all the prisoners that were taken in the house of Fedderet are sett 
at libertie, and therefore craveing to the effort underwritten as the 
said petitione bears. The saids Lords of there Majesties Privie 
Councill haveing considered this petitione given in to them be the 
above Viscount of Frendraught, they hereby grant order and warrand 
to the deputie Governour of the Castle of Stirling and in his absence 
to the nixt comanding officer there to sett the petitioner at liberty 
furth of the said Castle in respect he has found sufficient cautione 
acted in the books of Privie Councill that he shall live peaceablie 
under and with all submissione to the present government of there 
Majesties King William and Queen Mary, and that he shall not act 
consult or contryve anything in prejudice thereof nor shall not con- 
verss nor correspond with rebells, and that he shall appear befor the 



84 RECORDS OF THE COUNTY OF BANFF. 

saids Lords upon the last Tuesda}- of February nixt to come or 
sooner if he shall be called under the penaltie of ane hundreth pound 
sterling in case the petitioner shall transgress in any pairt of the 
premises. 

Liberation Viscount of Frendraugh. 

At Edinburgh, i6th February, 1693. 

Anent the petitione given in to the Lords of there Majesties Privie 
Councell be Lodovick, Viscount of Frendraught, shewing that where 
the petitioner haveing been alwayes prisoner in the Castles of Edin- 
burgh and Stirling since the surrender of the Castle of Fedderett, 
and haveing in the moneth of last made application to 

the saids Lords for liberatione for some tyme for goeing to the north 
countrie about his private affairs and particularly for ordering some 
important matters betwixt the petitioner and a very near 

relation who was then adyeing, which the saids Lords were graciously 
pleased to grant upon the petitioner's finding cautione to re-enter the 
twenty sixth instant, and since the said hes never been 

yet in a capacity of doeing any affairs with the petitioner by reasone 
of his great sicknes, and that it will be ane great loss to the petitioner 
if he be not present with him for setleing his affairs befor his death 
which is every moment expected, and that the petitioner's fortune 
being so mean and scarcely able to mantain him and his family even 
while they are at home farr less to defray the expenses of comeing 
south and being confyned to prisone, whereby the petitioner will be 
obleidged to keep two familyes, one in the north and ane other in 
prisone, and neither is the petitioner able to defray the expenses of so 
frequent applicatione to the saids Lords in renewing his baill if there 
Lordships limite the petitioner's day of re-entrie to so short a tyme, 
and therefore craveing to the effect underwritten as the said petitione 
bears. The saids Lords of there Majesties Privie Councell haveing 
considered this petitione given in to them be the above Lodovick, 
Viscount of P'rendraught, they hereby allow the petitioner to con- 
tinow at liberty in respect he hes found sufficient cautione acted in 
the books of Privie Councell that he shall live p)eaceably under and 
with all submissione to the present government of there Majesties 
King William and Queen Mary and that he shall not act, consult nor 



GEORGE, THIRD LORD BANFF. 85 

contryve anything in prejudice thereof nor converse or correspond 

with any rebells, and that he shall appear befor the saids Lords of 

Privie Councell when called for under the penalty of fyve hundreth 

pound sterling in case he shall transgress in any pairt of the premises. 

George, third Lord Banff, who succeeded in 1668, had been present 
at most of the county Head Courts from 1668 to 1685. How it came 
about that, Roman Catholic and Jacobite as he was, he was absent from 
all these courts during James's reign is uncertain. Certain it is that 
during William's reign he continued to absent himself from the Head 
Courts of F'reeholders, while he does not appear in the sederunt of any 
of the meetings of the Commissioners of Supply. In August 1691 
though in possession of the Privy Council's pass he was imprisoned 
by Colonel Jackson in Aberdeen in the circumstances explained by 
his younger brother Alexander Ogilvie afterwards Lord Forglen in 
the following letter to Sir James Ogilvie son of the Earl of Findlater 
dated 15th July 1691.^ 'The Earle of Craufoord having stoped resig- 
nation to be made upon ane dispositione be my Lord Bamff to me, 
upon the pretence that my Lord Bamff was in the rebellion, qtch is a 
mistacke, for my Lord being in his north goeing at Forvie was by ane 
partie of the Hilanders caried to there camp qhare he stayed hardlie 
halfc one day, and thereafter at Aberdein by Jacksone was detained 
upon inconciderat expressiones as Jacksone alleadged and my Lord 
Bamff still deneyed ; and I belive all proceed from my Lord Bamff his 
being in drink as I was credablie informed, I have wreaton to the 
Veicecount of Arbuthnot to represent the caise to the Earle of Crau- 
ford.' Earlier in Februar\' that year he was liberated as the following 
Minute of the Privy Council of Scotland shows: — 

Warrand for Liberating the Lord Banff. 

At Edinburgh, 26th February, 1691. 
Forasmuch as the Lords of their Majesties Privie Councell did by 
their act of the date the third day of February instant authorize and 
appoynte Colonell John Buchan to receave from the persones named 
in the said act who surrendered themselves to their Majesties mercy, 
and were then under guairds and baill at Aberdein quherof George, 
Lord Banff is one, bonds with sufficient cautioners that they shall 
live peacably under their Majesties government and shall not consult 

'See the Edilor's "Seafiekl Correspondence," pp. 71-2. 



86 RECORDS OF THE COUNTY OF BANFF, 

nor contryve anything in prejudice therof and shall not converss or 
correspond with any rebells and that they shall appear before the 
Lords of Privy Councell when called for each of them under the 
respective penalties contained in the said act, and discharged the 
said Collonell to sett any of the saids persones at liberty untill he 
returne the saids bonds to the clerks of Privy Councell that they 
might report the same to the saids Lords and gett their Lordships 
approbation and warrands for liberating of the saids prisoners as 
their cautioners should be alloued, conforme therunto the said 
Collonell hes returned to the saids clerks ane bond subscrivit be the 
said Lord Banff and his cautioner therin named in the termes of the 
forsaid act and under the penalty therin and in the said bond con- 
tained, which bond being presented to the clerks of Councell to the 
Lords therof and they having considered the same, they approve of 
the said bond and cautioner therin and finds the same to be conforme 
to and in the termes of the above act both as to the baill, penalty and 
haill tenor of the same, and the saids Lords authorises and appoyntes 
the saids clerks of Councell tc give out ane act to the said Lord 
Banff ordaining the said Collonell Buchan or in his absence the nixt 
comanding officer at Aberdein under whose guairds the said Lord is, 
to remove the saids guairds from off him and sett him at liberty. 

Charles, Lord Oliphant was under arrest in February, 1690. The 
following extract from the MS. Minutes of the Privy Council of Scotland 
deals with his imprisonment and liberation ^ : — 

Act in favour of the Lord Oliphant. 

Edinburgh, nth April, 1690. 

Their Majesties' High Commissioner and Lords of Privy Council 
having heard a petition given in to them by Charles, Lord Oliphant, 
craving the said Lords to take trial of the cause of his committment, 
and in case it was found that he was innocent, and had acted nothing 
against the government, to grant warrant for his liberation ; the said 
Lords of Secret Council do recommend to Major General McKay to 
write to Colonel Liveingstone for an account from him or Lieutenant 
Agnew, who apprehended the petitioner, of the cause for which he w as 

'Sec aUu llic Editor's " Sciilichl Coricsiiuiidciitf," \k 70. 



THE LORD OLIPHANT, ETC. 87 

taken into custody ; and, in the meantime, recommend to the Earl of 
Mortone to try if he will find caution for his {)eacable behaviour and 
appearance when called in the ordinary terms under the penalty of two 
hundred pounds sterling, which he doing, grants warrant for his 
liberation. 

On 1 8th April he was liberated, the Earl of Morton being his 
cautioner. He was fined for his absence from the Head Courts of the 
county frequently during William's reign, and precepts for the recovery 
of the fines were more than once issued. He and his house drop from 
the Banffshire roll of Freeholders in 171 1. Charles Lord Oliphant was 
son of Patrick, Lord Oliphant, and Mary Crichton of Frendraught. 
His wife was Mary Ogilvie of Milltoun, Keith. 

Sir Patrick Ogilvie and Alexander Gordon of Auchintoul appear shorn 
of their courtes}' titles of Lord Boyne and Lord Auchintoul. On 21st 
November, i68g, a new bench of Judges was by royal prerogative 
appointed, with Sir James Dalrymple as Lord President, and all the 
old Judges except three were superseded. Lord Boynd and Lord Auch- 
intoul, two Court of Session Judges, were amongst those superseded. 

Lord Auchintoul, of the same family as the Cocklearachie and 
Ardmeallie Gordons, on 2nd September, 1661, succeeded to the family 
estate, the barony of Auchintoul in Marnoch, on the death of his father, 
who had liferented the same. Between 1669 and 1672 the Church 
courts more than once instituted proceedings against him as a Roman 
Catholic. In 1681 he settled Auchintoul in fee on his more famous 
son, Alexander, who was to become Major-General in the service of 
Czar Peter the Great, and wis to take a leading part on the Jacobite 
side in the rising of the Fifteen. In 1684 he became an advocate ; and 
in 1688, favoured now by his religion, he was created b}' King James an 
ordinary Lord of Session under the title of Lord Auchintoul. During 
his short tenure of office he could have had small opportunity of 
showing his fitness, and his supersession must have been mainly owing 
to his political sympathies for the Stuart cause. He died between 
Michaelmas, 1710, and Pasch, 1711. 

Lord Boyne, after the first two sessions of the Convention Parliament, 
ceased to attend the meetings of the Estates. On 28th April, 1693, ^ 
Parliament took the extreme step of declaring his seat as a Commissioner 
for Banffshire vacant, on the ground of his non-attendance ; and, on 
23rd May, the Freeholders met and elected as his successor Sir James 
Abercrombie of Birkenbog, who was evidently a reliable and convinced 
supporter of the new Sovereigns. At the next Head Court that year, 

•The Acts of the Parliaments of Scotland, Vol. IX., p. 250. 



88 



RECORDS OF THE COrXTY OF BANFF. 



and during the rest of William's reign, Royne was excused from 
attendance; and it was only when Queen Anne came to the throne 
that he recommenced to give personal suite and presence. 

The Gordons of Rothiemay, Park, Edinglassie, Zeochrie, and Glen- 
gerrack were closely related, and probably all followed during his lifetime 
the lead of Sir George Gordon of Edinglassie, which, as we have seen, 
was Orange. 

John Grant of Ballindalloch fought for James under Dundee at 
Killiecrankie. On 15th January, i6go, at Tomintoul, twenty gentlemen 
of standing in Stradoun and Braemar, headed by him, by Gordon of 
Glenbucket, b\- Viscount Frendraught and by The Farquharson signed 
the following Bond of Association, ^ which, five months later, on 13th 
June, 1690, was to be produced in Edinburgh in evidence against the 
signatories by their Majesties' Lord Advocate : — 

Wee vnder subscrivers in testimonie of our loyaltie to our sacred 
& dread Sovran & for the securitie of our friends & good nightbours 
vous & protests befor the Almightie God & on our salvation at the great 
day to go on secritlye and with all the pour & strenth wee have to stike 
& bid by on another & when any of vs hier vnderscribers shall be 
stressed or any wayes molested by anie partie or enime whatsomever 
wee shall repair to thair aid with all our strenth & pour & that upon 
the first call without any further moor or delay & that wee shall never 
be byesed or broken of of this said asociation without the consent of his 
Majesties General & the major part of ourselfs so help us God wee 
have subscrived thir presents the 15th day of Jan vary 90 : at Tamentoul. 



John Grant of Ballnadaloch. 

Ja Farqrsoune. 

W. Grantt. 

A. Gordon. 

C. Forbes. 

K. M'Kenzie. 



Jo Gordone. 
Robert Grant. 
Jo Grantt. 
Jo Farqrsone. 
Jonathan Grant. 
J. Forbes, 



Frendraught. 
The Farqrsone. 
A. Gordone. 
Will: Oliphant. 
Johne M'Gregor. 
C. Farqrsone. 
Francis Gordon. 
W. Gordon. 



13 June, 1690, Pduced by his Maties Advocate. 

'The Acts of the Parliaments of Scotland, Vol, IX. App., p, 60. 



DISARMING THE PAPISTS OF STRADOUN. 89 

The following extract from the Minutes of the Privy Council of 
Scotland a year later throws further light on political and religious 
feeling in Stradoun : — 

Warrant for Disarming the Papists about Ballindalloch. 

Edinburgh, loth June, i6gi. 
The Lords of their Majesties' Privy Council being sufficiently 
informed that the people of Ballindalloch within the shire of 
are very disaffected to their Majesties' government, and that the 
most part of them are bigot papists, and that the priests go up and 
down marrying and baptizing publicly as was done in the time of 
the late government, they hereby recommend to and require Sir Thomas 
Livingstoune, commander-in-chief of their Majesties' forces within this 
kingdom, with all diligence and expedition to take effectual course for 
disarming the papists of these parts in the terms of the Acts of Parlia- 
ment, and to cause search for, seize and imprison the persons of the 
priests, and report his diligence and progress herein to the Council. 

Alexander Ogilvie of Kempcairne. 

The following extract from the Minutes of the Privy Council of 
Scotland deals with Kempcairne's Jacobite leanings. A letter dated 
15th August 1689 by Alexander Ogilvie to the Earl of Findlater seems 
to be partly written in a kind of Jacobite cypher. ^ In February 1690 
the Town Council Minutes of Banff bear that four indwellers were 
fined for "concelling and abstracteing there horses efter they were 
ordained to have them in radienes ffor convoyeing the persones of 
Charles Lord Oliphant and his Ladie, the Laird of Kempcairne and 
uyrs presoners." 

Recommendation to the Master of Forbes 
TO examine Alexander Ogilvy. 

Edinburgh, 24 March, 1690. 
Anent a petition given in to the Lord High Commissioner and Lords 
of Privy Council by Alexander Ogilvie of Kemptcairne, Robert Ogilvie, 
his son, and John Gordon of Davidstoune, shewing that where the 
petitioners were upon the eighteenth day of February last apprehended 
by a party of Colonel Livingstone's regiment of Dragoons, being in the 
house of Alexander Ogilvie, younger of Kemptcairne, accidentally 

•Seafield Correspondence (Scot. Hist. Socy.), pp. 52-3. 
M 



90 RECORDS OF THE COUNTY OF BANFF. 

passing a visit, and carried prisoners from thence to Banff and from 
that to Aberdeen where they yet remain in custody under sentries ; 
and seeing that the petitioners were apprehended upon a mistake and 
without any warrant, and know no crime they are guilty of that might 
have occasioned their confinement, and therefore humbly craving the 
said Lords to give orders for their examination and trial that their 
innocency might appear, and being found innocent, that the said Lords 
would order their liberation ; their Majesties' High Commissioner and 
Lords of Privy Council having considered the above petition, they 
grant warrant and commission to William, Master of Forbes, to examine 
the petitioners and to take trial anent the ground of their committment 
and to examine witnesses thereanent ; and in case that by the probation 
there appear no crime against them, with power to the Master to give 
order for their liberation with or without caution, as he shall find just ; 
and if there be any crime proven, appoint the Master to give orders 
for their continuing the petitioners in prison and to transmit the pro- 
bation to the Clerks of Council : And in the meantime recommend 
to Major General McKay to recall and stop the orders given by him to 
call Buchan for sending the petitioners to this place. 

Suite Roll of the Head Court of Pasch, 1691. 

At the Pasch Head Court held in Banff on 17th April, i6gi, repre- 
sentatives of the Crown, after an interval of two years, at last appeared 
and constituted the Court of Freeholders, when John Campbell of 
ffreirtoun, who had purchased in 1680 the estate of Dalvey in Strath- 
spey from Robert Grant of Dalvey and Dunlugus, and retained it 
for two years, and John Gordon, bailie of the burgh of Banff, Sheriffs- 
depute, presided in the absence of Sir James Baird of Auchmedden, 
who was ill. On account of the extensive changes on and additions 
to the suite roll of the county since 1689, the roll of 17th April, 1691, 
is given in full: — 

Alexander, Duke of Gordone, ffor his landes of fforrest of Boyne, 
Endzie, Achindowne, Strathaven, Inverourie, ffotterletter, 
Gartlie and Coronosie. 
John, Earle of Erroll, for his lands of Monblearie. 
George, Earle of Marishall, for his lands of Inverugie, Durne, and 

Achinhamper and Northfeild. 
James, Earle of Airlie, for his landes of Alvach, Tippertie and 
Bacblaw. 



ROLL OF BARONS AND FREEHOLDERS, iSgi. ^1 

James, Earle of ffindlater, for his landes of ffindlater, Deskfoord and 

Castlefeild. 
Earle of Buchan, for his lands of Glendouchie, Downe 

and Monblearie. 
George, Lord Banff, for his landes of Inchdrewer, Sandlay and 

Blairshinnach. 
Charles, Lord Oliphant, for his landes of Pettindreich, Ardfour and 

Achinina. 
Sir Patrick Ogilvie of Boynd for the thanedome of Boynd and for 

Reatties. 
Alex"" Gordone of Achintoule for his lands of Achintoule. 
Sir James Baird of Achmedden for the lands of Pitgair and Avalds. 
Sir James Abercrombie of Birkenbog for his lands of Galcroise. 
Jon Gordone of Rothemey for his lands of Rothemey. 
Sir Jon Gordon of Park for his lands of Park. 
The aires and representatives of umqll Sir George Gordone of Eden 

glessie for the lands of Glenmarkie and Carnowsies. 
Jon Grant of Bellindalloch for his lands of Tullochcarron. 
Jon Ogilvie of Kempkairne for his lands of Drumnakeith. 
Robert Grant of Dunlugas for the lands of Dunlugas and Muirden. 
Jon Gordone of Beldornie for the lands of Beldornie. 
Walter Stewart of Itlaw for the lands of Itlaw. 

Hay of Ranas for the lands of Muldavit. 

The aires and successores of umqll Sir Robert Innes of Kinermonie 

for the lands of Kinermonie. 
James Ogilvie of Baldavie for his landes of Baldavie. 
Jon Stewart of Kinmachlen for his landes of Kinmachlen. 
Mr. George Meldrum of Crombie for his lands of Crombie. 
Alex^ Gairne of Troup for his landes of Troup. 

Stewart of Lesmurdie for his lands of Lesmurdie. 

The aires and representatives of umqll Gordone of Buckie for 

the lands of Buckie. 

Moresone of Bognie for his landes of Convoy. 

The aires and successores of umqll Meldrum of Lathrese ffor the 

landes of Drachlaw and Drachlamylne. 
Mr. Thomas Mercer of Todlaw for his lands of Todlaw. 
The aires and successores of umqll Mr. James Gordon of Zeochries 

for the lands and baronie of Zeochries. 



92 RECORDS OF THE COUNTY OK BANfE. 

The aires and successores of umqll Alex"^ Gordon of Glengerrack for 
the lands of Glengerrack, Newmylne and Achinheives. 

David Gregorie of Kinairdie for the lands of Neatherdale. 

David Cruickshank of Balnoone for his lands of Balnoone. 

Jon Abernethie of Meyen for his lands of Meyen and Quoir. 

Jon Leslie of Kininvie for his lands of Kininvie. 

Mr. John Leslie of Tullich for his lands of TuUich. 

Arthur fforbes for his lands of Balvenie and Turtrie. 

Mr. William Joass of Colleynward for his lands of Denhead, Paddock- 
law and Whytetuties. 

William Cumeing of Achry for his lands of Bregach and Letter- 
vandich. 

Alex"" Duff of Keithmore for his lands of Lettoch and Aldachlaggin. 

Alex"" Duff of Bracco for his lands of Pethnick, Knock, Shielles, 
Bracco, Craigleithie, Cornehill and Neathermylne, Belna- 
moone, Garrawood, Millegin, Echreis. 

Gordone of Arradoule for his landes of Maslie, Haughes and 

fforgie. 
Peter Russell of Moncoffer for his lands of Invereichnie. 
Jon Innes of Edingeith for his landes of Edingeith, Croylets, New 

Crannoch, Moistoune. 
Jon Ramsey of Melrose for his landes of Melrose. 
David Brodie of Lethin for his lands superiorities and feudeuties of 

the Abbacie of Kinlose in Strathila. 

Sutherland of Kinminitie for his lands of Kinminities and 

Taremore. 
Peter Sime for his landes of Poolfaulds. 
Walter Mitchell for his landes of Croylettes. 
The aires and successores of umqll Thomas Gordon for the lands of 

Crannoch. 

William Crystie for his lands of Crannoch. 

Jon Ogilvie of Cantlie for his lands of Crannoch. 

Jon Ruddoch for his landes of ffortrie. 

William Ruddoch for his lands of ffortrie. 

John Ruddoch of Burnsyde for his lands of ffortrie. 

Jon Neill for his lands of ffortrie. 

Jon Hay, Tutor of Ranas, for his lands of Echreis. 

Patrick Stewart of Tannachie for his lands of Myretoun. 



Roll of barons and freeholders, 1691. 93 

James Innes of Lichnett for his lands of Lichnett. 

The Representatives of the Bishope of Aberdein for his superiorities 
in Banffshyre. 

The Representative of the Bishop of Morray for his superiorities. 

The Persone of Rathven or his representatives. 

The Lord of Erection of the Abbacie of Aberbrothick and the 
vassals of the sd Abbacie. 

The Lord of Erection of the Abbacie of Couper and the vassalls of 
the sd Abbacie. 

And James Stewart at the Boat of Spey for his lands of Clerkeseat. 

The minute of the Head Court continues : — 

And none of them comperieing personallie save Alex^ Gairne of 
Troup, Mr. Thomas Mercer of Todlaw and Mr. William Joass of 
Colleynward, who upon their appeireance asked act of court and instru- 
ments, and Jon Stewart of Kinmachlen compeireand by George 
Chessor messgr in Banff his proxie, by a proxie given to him out of 
our So Lo and Ladies Chaiirie for that effect received and admitted, 
and who yrupon took instruments, the seall remanent barrens and 
vassalles above named being thryce lawllie called and none comperieing 
ware all fyned, unlawed and amerciat in the soume of fyftie poundes 
Scots m5ey for defect of suite, and the soume of fyftie poundes moey 
foresd for defect of presence, as they who owe suite and presence for 
their landes and uyrs . . . above spec'^ to this head court, except 
the persones undernamed, viz., the Duke of Gordon, the Earle of 
Buchan by reasone of their present restraint and confynement, the 
Earle of Airlie, the Laird of Auchmedden and Jon Leslie of Kininvie 
by reasone of their secknese and unabilitie, the successore of Edin- 
glessie by reasone of his minoritie, and David Cruikeshank of Balnoone, 
whom the Shreffes deput excuses and assoylies fra any fyne. 

Sir James Ogilvie, Sheriff Principal of Banffshire. 

During William's reign the dominant force in the county soon came 
to be Mr. James Ogilvie, who in the wider sphere of national politics 
rapidly mounted to power, and by the end of the reign became, as 
Earl of Seafield, probably the most influential of contemporary Scots 
statesmen. After the settlement of the Crown in 1689 Mr. James 
Ogilvie not only acquiesced in the new regime, but was soon active in 
giving it effective support. Engrossed as he soon became in the wider 
affairs of state, it is characteristic of him that he never overlooked the 



94 Records op the county op Banff. 

more local and restricted interests of his native county. On his election 
as member of Parliament for Cullen in i68g he had written to the 
" bailyes . . . desiring if they had any grievances to present to the 
Parliament or Lords of Exchequer " ; and it is interesting to note that, 
amongst other matters, the questions of sea encroachment and of 
harbour accommodation were then, as they are at the present day, 
pressingly engaging the attention of the local authorities on the Moray 
Firth. The " Bailzies and Councill concludes to send ane letter to the 
said Mr. James Ogilvie to supplicat the Lords of Counsell Exchequer 
or Parliament, as he shall find expedient, craving thereby ane voluntar 
contribution for repairing of the bullwork of this burgh, and also 
desiring him to attend lest ther be any alteration of the taxt rolls of 
burrows . . . and apprehends it expedient to putt him in memorie 
of all uther there grivances."^ Next year the Council wrote Sir James, 
who had thus early received in his knighthood a recognition of his 
ability and a mark of the King's favour, to supplicate the Privy Council 
for a supply from all other Royal Burghs and persons, " for re-edifying 
and erecting of ane bullwark and making up of ane harbour at this 
Burgh." 2 That same year the Council records show that Sir James 
Ogilvie received ;]^ioo Scots for his expenses as Commissioner " for 
attending the Convention of Estates, and for attending the Parliament 
and Convention of Burghs." ^ In his patent of knighthood he was 
designed "of Churchhill." When, in 1692, the government were 
levying seamen along the coast. Sir James had an interest in Sandend, 
and the name Churchhill may have been derived from some part of his 
father's estate. The reference to him in 1692 of a dispute between the 
two rival Royal Burghs of Banff and Cullen as to their respective 
jurisdictions over the weights and measures of the county, and particu- 
larly at Hallow Fair, Fordyce, again shows the esteem in which he was 
held and the interest he took in local affairs. '^ 

Sir John Dalrymple, Master of Stair, one of the Secretaries of State 
for Scotland, in the following letter refers to Sir James Ogilvie's 
appointment as Sheriff of Banffshire (in the letter erroneously called 
Buchan), his first step in political preferments — 

For Sr James Ogilvy, Advocat, 

London, March 8, 1692. 
Sr — Sine my last, I have taken occasion to intertain his Maj'y 
upon that subject you wer pleased to propose to me of the Sherifship 

' Dr. Cramond's "Annals of Cullen," p. 52. 
Do. do. p. 53. 

J Do. do. p. 53. 

* Dr. Cramond's "Annals of Banff," Vol. I., pp. 1701. 



SIR JAMES OGILVIE, SHERIFF PRINCIPAL OF BANFFSHIRE. 95 

of Buchan, and now I hav incouragment to desir you to transmitt to me 
a signater of that office, such as yow desir it. The King gives no offices 
bot during pleasur (excep to the Lords of Session), so yow will not 
desir it in other tearmes; bot his Maj^y hath retained many that did 
not deserv it at his hands, yett he hav givin us no example that he threw 
out any man that did not deliberatly oppose him ; so I conclud as to 
yow it will be the sam thing as for life, for I persuad myself yow will 
never do anything unworthy of yr honor nor his Maj'y^ favor. — And I 
assur yow I am sincerly, Sr, yr very humble servS 

Jo Dalrymple. 

A Warrant ^ for the gift of the office of the " Sherefship of Bamff 
in favor of Sir James Ogilvy of , Advocate," was 

signed at the Hague on 30th April, 1692. It was seemingly not acted 
upon, for a second ^ royal warrant in his favour was signed at Kensing- 
ton on the 23rd of December, 1692, and was the warrant for his 
Commission as Sheriff Principal acted upon. 

His appointment as Solicitor-General for Scotland on 31st January 
1693, and his installation as Sheriff Principal of Banffshire in February 
1693, were early steps in his rapid rise to power. The following succinct 
account of the state of the Courts in Banffshire during the period from 
July 1691 to February 1693 prefaces the engrossment in the Minute Book 
of the Barons and Freeholders of the County of Sir James Ogilvie's 
Commission as Sheriff Principal of Banffshire. 

Sir James Ogilvie's Commission as Sheriff Principal of 

Banffshire. 

In July Jm VJc. & nyntie ane yeirs Sir James Baird of Auch- 
medden, Shirreff Prinll of Banffshyre, dyed, and there was a 
vaccancie of the Shirreff Court and surcease of justice in the Shyre 
till ffebrii Jm VJc & nyntie thrie yeirs, at qch tym Sir James Ogilvie 
of Churchhill obteined a comissione to be Shirreff Prinll of Banffshyre, 
and on the second of ffebry 1693 the Earle of ffindlater, his father, 
presented his comissione, with a comissione by Sir James, to Nicolas 
Dunbar of Castelfeild, Shirreff Depute of Banff, and opened the 
Court. Of the which comission granted to Sir James, and as it is 
insert in the ordinarie dyet and sederunt booke begun 2d Febry, 

' State Papers (Scotland) Warrant Books, Vol. XV., p. 121, in the Record Office, London. 
» State Papers (Scotland) Warrant Books, Vol. XV. 



96 RECORDS OF THE COUNTY OF BANFF. 

1693, the tenor followes: — Gulielmus et Maria Dei Gratia Magnae 
Brittaniae Franciae et Hiberniae Rex et Regina fidei defensores 
Omnibus probis hominibus ad quos presentes literae iirae pervenerint 
salutem Quandoquid nos intelligentes munus et officium Vicecomitis 
Principalis vicecomitatus de Banff in antique iiro Scotiae regno in 
manibus iiris vacare et ad donationem et dispositionem iiram esse ex 
orbitu Dni Jacobi Baird de Auchmedden et Dili Georgii Gordone de 
Edinglassie nuper conjunctorum vicecomitum dicti vicecomitatus Nosq 
autem abunde cupidi (cum plurimum regimine firo intersit) quod 
dictum officium Vicecomitis Prinlis de Banff exerceatur per quendam 
notae integritatis et fidelitatis et pro justicia subditis iiris administranda 
idoneum et satis compertum habentem facultates preclaras et apti- 
tudinem Dili Jacobi Ogilvie, Advocati, tilii Comitis de ffindlater pro 
administranda justicia subditis iiris in dicta jurisdictione Et intelligentes 
etiam fidelitatem suam et affectum erga servitium nostrum Sciatis 
igitur nos nominasse constituisse et ordinasse tenoreq piitium nominare 
constituere et ordinare dictum Diium Jacobum Ogilvie Vicecomitem 
Principalem dictae jurisdictionis et Vicecomitatus de Banff et prsecinctus 
ejusd duran firo duntaxat beneplacito Ac per presentes damus concedi- 
mus et disponimus illi durante spatio antedicto predictum munus et 
officium Vicecomitis Priiilis de Banff cum omnibus feodis casualitatibus 
emolumentis et proficuis ejusd cum plenaria . . . potestate nominandi 
deputatos unum seu plures serjandos officiarios procuratores fisci et 
omnia alia membra curiae necessaria et usitata (exceptis clericis) 
pro quibus respondere tenebitur ac prestandi et exercendi omnia alia et 
singula ad dictum officium et jurisdictionem spectantia tam pleno jure 
libertate et privilegis quam quivis alius Vicecomes Principalis infra 
dictum regnum iirum hactenus exercuit aut prestitit aut in posterim 
exercere et prestare poterit In cujus rei testirnonium piitibus magnum 
iirum sigillum appendi mandavimus apud aulam iiram de Kensingtoun 
vigesimo tertio die mensis Decembris anno Drii millesimo sexcentesimo 
nonagesimo secundo et anno regni iiri quarto . . . Per signaturam 
manu S. D. N. suprascriptam . . . and on the back yrof thus: 
Written to the great seall and regrat the fourteinth day of Jaiiry, 1693, 
and subt thus, Dun. Ranald Dept. and seallit at Ed^ the fourteinth of 
Jaiiry 1693, and subt thus, Alex. Inglis, and the great seall appendit. 



exhibition of titles of barons of the shire. 97 

Exhibition of Heritors' Titles. 

The new Sheriff Principal, at the ensuing Pasch Court of 1693, made 
arrangements for a careful revision of the suite roll of the County by 
exhibition of heritors' titles, so that he might account to Exchequer for 
their proper reddendos, and so that a proper roll in correct precedence 
might be made up shewing who could legally elect and be elected 
Commissioners of the Shire. He further ordered that vassals of lands 
formerly holden of Bishops be added to the roll. 

Day forsd [21st April, 1693] the Shirreff deput enactes statutes 
and ordeines thatt all and sundrie the Vassalles Heretors Barrones 
and uthers above spect, and all uther Vassalles Barrones and Heretores 
if any be holding any landes within this Shyre imediatlie of their 
Maties in capite shall come to the Shirreff Clerk of the sd Shyre of 
Banff or his deputes to their office chamber att any tym they please 
betwix and the nixt Michaelmese Head Court, and present the originall 
rightes and infeftments of their saids lands holden by them of the King 
in capite : And ordeines the Clerk or his deputes to take ane full notte 
thereof that it may be cleirlie knowen who ought to be inrolled and 
called in the suite rolles of the sd Shyre as holdeing of the King, and 
who owes suite and presence to the Head Courtes and who not, and 
that their holdeinges and reddendos may also be known that the Shreff 
may give account yrof in Excheq^" when called for, and lykewayes 
that it may be knowen who hes vote in Electione of Comissioners, and 
who is capable to be elected Comissioner to the Parliat or Conventione 
of Estates when the samyn shall occure : And ordeines the Clerk to 
rectifie the old suite rolles and make exact new suite rolles of the saids 
Heretors Barrones and uthers holdeing of the King that every on may 
be called according to his rank and qualitie and dew place: And in 
the mein tym ordeines the old rolles to stand as formerly till such 
a new roll be made : Lykeas in respect of the Act of Parliat, 19th of 
July, 1690, anent the change of the lands formerly holden of Bishopes, 
&c., the Shirref deput ordeines the Shirreff Clerk to doe all diligence 
he carr to ffind out all the vassalls of any landes within this Shyre 
formerly holdeing of Prelates Bishopes or yr chapters Deanes Sub- 
deanes or any uther beneficed persones, who now by the sd act are 
appoynted to hold of the King, and to add them to the suite rolles of 
the Shyre either old or new in their dew and proper place : And ordeines 

N 



98 RECORDS OF THE COUNTY OF BANFF. 

them also to produce their instruments to the Shirreff Clerk or his 
deputes to the effect forsaid : And also ordeines all such of the Kinges 
few vassalls lyable and who were in use formerl}- to pay their pettie 
fewdewties or blensh dewties dew by them to the King to the Shirreffs 
of this Shyre to pay in the samyn to the present Shirreff or his deputes, 
or any uther persone they or aither of them shall appoynt for that 
effect, that the Shreff may give account yrof in Excheqr as use is, and 
that of all yeires bygon resting by them since their last discharges: And 
ordeines the sd presents to be publictlie intimat at the Mercat Croce 
of Banff that non pretend ignorance. 

Nicolas Dunbar, Dep. 

Election of Sir James Abercrombie as a Commissioner 
OF THE Shire. 

On 5th May, 1693, Parliament declared vacant the seat of Sir 
Patrick Ogilvie of Boyne as Commissioner for Banffshire for non- 
attendance. A new election to fill the vacancj' ensued, when Sir James 
Abercrombie of Birkenbog, a supporter of the new regime, with the 
support of Sir James Ogilvie, was elected. 

Att Banff the twantie third day of May Iajvy& and foure scoir 
thratteine yeires. 
The which day compeired Nicolas Dunbar of Castelfeild Shreff 
depute of Banffshyre and produced ane Act of Parliat dateit the fyfth 
day of May instant whereby the ffreeholders of the shyre of Banff are 
appoynted to meitt and convein this day and place to elect ane 
Comissioner to represent the sd shire in this current Parliat in place 
of Sir Patrick Ogilvie of Boynd late Comissioner of the sd shyre whose 
place was by the sd act declaired vaccant for his not attendance as the 
sd act beares : In obedience qrunto the heall ffrieholders of the sd 
shyre being warrned by intimationes at each" parish church on Sunday 
last to meitt and convein this day and place ; Conforme to the qch 
Act of Parliat and intimationes yrof foresds the ffreeholders under- 
named, viz: — Sir Jon Gordone of Park, Sir James Abercrombie of 
Birkenboig, Robert Grant of Dunlugas, Walter Stewart of Itlaw, Jon 
Stewart yor of Kinmachlen, John Abernethie of Meyen, Alex"" Duff of 
Keithmore, George Leslie of Burdsbank and Mr. William Joass of 
Colleynard compeireand, all in one voice (except the said Sir James 
Abercrombie) did elect nominat and choise the said Sir James Aber- 



SIR JAMES ABERCROMBIE, COMMISSIONER OF THE SHIRE. Q^ 

crombie of Birkenboig to be conjunct and joynt Comissioner to the 
current Parliat and heall dyetts yrof to the end thereof with Alex"" 
Duff of Bracco former Comissioner of the said shyre to represent the 
shyre in Parhat as said is : With power to him to sitt vote reasone 
treat and conclude upon all matters to be treatted and handled in 
Parliat, and doe all uther thinges that any uther Comissioner of any 
shyre within the kingdome have done or in the lyke caices may doe, 
promiseing to hold firme and stable all and qtsum*" thinges the sd 
Comissioner in the premises shall doe, alloweing alwayes to the sd Sir 
James Abercrombie the same circumstances with the sd Alex"" Duff of 
Bracco as to his charges and expenses : And the saids ffrieholders 
have subscryved and delivered to the sd Sir James ane comissione to 
the effect foresd of the date of thir presents in presens of the sd Nicolas 
Dunbar, Shreff depute, and John Donaldsone, Clerk depute, of the sd 
shyre. Nicolas Dunbar, Dept. 

Changes in County Suite Roll in 1693, etc. 

At the Pasch Head Court of 1693, to the old holding of Alexander, 
Duke of Gordon, were added " his lands of Grange, Clerkseat, 
Bogelogie, Thorntoune, Murefaulds and Haughes." These lands were 
again mentioned in the Michaelmas roll of 1693. Between Michaelmas, 
1693, and Michaelmas, 1698, his Grace's detailed holding is not given. 
At the Pasch Court of 1699, when his detailed holding is again given, 
the foresaid lands in the parish of Grange were not included ; and the 
Duke must have previous to this dropped any interest he had in them. 

At the Pasch Court in 1693 the Earl Marischal dropped the 
qualification of Northfield, in the parish of Gamrie. 

At the same Court, after the name of Auchintoul, was added that of 
Ludovick Grant, Chief of the Grants, for the lands of Achmadies. 
The lands of Cuperhill were added in the Pasch roll of 1699. 

At the Pasch Court of 1693, for Sir James Baird of Auchmedden, 
deceased, appeared William Baird, for Pitgair and Avalds. 

At the same Court the entry of "The aires and representatives of 
umqi' S"" George Gordon of Edenglessie for the lands of Glenmarkie 
and Carnowsies " is truncated by the entry of his second son, George 
Gordon of Carnousie for Carnousie. It was not until Michaelmas, 1696, 
that the entry : " The representatives of umq'^ S"" George Gordon of 
Edinglassie for the landes holden of the late Bishop of Aberdeen in 
non entry," viz., Edinglassie and Glenmarkie, in Mortlach parish, 
dropped out. 



too RECORDS OF THE COUNTY OF BANEF. 

From the Pasch roll of 1696 there dropped the name of Jon Ogilvie 
of Kempkairne. 

In the Pasch roll of 1693 appeared "Gordone of Straloch for Straloch, 
formerly holden of the Bishop of Aberdein, now of the King, by Act 
of Parliament, dateit the . . . ." 

Mr. George Meldrum of Crombie, in the parish of Marnoch, died 
before Pasch, 1693, for in the suite roll of that Court his representatives 
were entered in his stead. 

In the same Pasch roll appeared Mr. James Gordone of Davach 
for Zeochries, as representative of his father the parson of Rothiemay. 

In the same roll, instead of the " aires and successores of umq'^ 
Alex''. Gordone of Glengerrack" appeared Charles Gordon of Glen- 
garrack, son-in-law of Alexander Duff of Bracco. 

In place of Mr. John Leslie of Tullich there appeared in the Pasch 
roll of 1693 " George Leslie of Tullich for Tullich." 

In the same roll appeared " Jon Anderson of Westertown for 
Westertown," and in the Michaelmas 1693 roll for "Ardbrack" in 
addition. John Anderson dropped from the suite roll in Pasch, 1700. 

Arthur Forbes of Balvenie dropped from the Michaelmas roll of 
1694 with his holdings of Balvenie and Turtrie ; and in his stead for 
these two holdings appeared Alexander Duff of Bracco. 

Sir James Ogilvie, and the Barony of Ogilvie. 

James third Earl of Findlater dropped from the Pasch roll of 1694, 
and in his stead, but with lower precedence, and after the name of Sir 
Patrick Ogilvie of Boyne, appeared his second son. Sir James Ogilvie, 
for the baronie of Ogilvie. At the Michaelmas Court that year Sir 
James was entered in the roll before Boyne and after Charles Lord 
Oliphant. 

On 31st January, 1693, Sir James Ogilvie was appointed Solicitor in 
Scotland to their Majesties. In office he now began to acquire and 
conserve the wealth that was in time sufficient to enable him, a second 
son, to cut through the money embarrassments of his father, redeem the 
ancestral property, and build up the extensive Seafield Estates in 
Banffshire. Writing to his father from Edinburgh on 25th December, 
1693, Sir James says: — "I will this year be somewhat straitned for 
rhoney. All your debts comes over me together. I most pey Jon 
Ogilvie's reprasentatives. Baberton and I are near setled. Liteljohn's 
executors pratends you rest them fifteen hundreth pounds by bond. 
Let me hear from you of this. Blackhils insists vigoruslie, and Lintush 
is most rigorus. If it were not I gain money, and hes credit, I could 
not be able to pey so great soums without woodsetting or selling. Lest 



THE BARONY OF OGILVIE. lOl 

there be any defect in my securitie, as I judge ther is none, yet it is 
thought fit your Lo. grant me ane bond to be the foundation of an 
adjudication, and you most be charged to enter air to your father, 
mother, grandfather or grandsher, and I will take my infeftment on 
both. I know you will not refuse this, and it shal be no further used, 
bot for securitie of my lands disponed I have sent the bond." 

The Laird of Park claims precedence, 1694. 

At the Michaelmas Head Court of 1694 the Laird of Park made 
claims of precedency, which he long continued to assert ; and which 
the rolls show were properly not given effect to. 

Therefter Sir Jon Gordon of Park protested agt. the roll and craved 
the Shreff would rectifie the samyn as to him, and ordein him to be 
placed and ranked yrin nixt efter the noblemen according to his patent 
of Knight Barronet qch gives him precedencie of all the Barrones 
called except noblemen. 

Tutory of Gordon of Rothiemay. 

John Gordon of Rothiemay, head of the family of which the 
Gordons of Park and Edinglassie were cadets, and always called in the 
suite roll before Park, dropped out at the Head Michaelmas Court of 
1696, and Patrick Barclay of Towie, his only son by his wife Elizabeth 
Barclay, heiress of Towie, Auchterless, took his place. The Balbithan 
MS. says: — "The said John Gordon of Rothemey begat on his lady, 
the heiress of Towie, a son called Peter, who being next dore to an 
idiot, was induced to dispone the lands of Towie to Sir George ? 
[Alexander] Innes of Coxton, his brother-in-law." The Minute Book 
of the Barons and Freeholders of the County has the following entry 
regarding his tutory : — Att Banff on the twantie sixt day of November, 
Iajvi& and foure scoir sixtein In ane Shirreff Court of the shyre of 
Banff by Nicolas Dunbar of Castelfeild, Shirreff Depute of the s"^ 
shyre, .... Compeired William Grant of Creichie, Tutor of 
Rothemey, nominat by the deceast Jon Gordon of Rothemey to Patrick 
Barkley of Towie, his sone, conforme to the Testament Testamentar 
made by the s^^ umq^i Jon Gordon, dateit the fourteinth day of May last 
by past and judiciallie produced in court thrie duplicates of the 
Inventar of the s"^ umq^^ Jon Gordon, his meanes and evidents and 
estaite, made up by the said William Grant, Tutor fors^, with advyce 



102 Records of the county of banff. 

and consent of the said Shirreff deput, and craved 

that conforme to the Act of Parliat the Shirreif would ordein his clerk 
to subscryve the saids thrie duplicats and each page yrof, as he and the 
s"! Shreff deput had done, and one yrof delyvered to him, and the uyr 
two seilled might be keept by the said Shreff deput to be delyvered to 
the neirest freinds when they called for the samyn, which desyre the 
s^ Shreff thought reasonable and ordeined every page of each of the 
sds thrie dupplicats to be subscrj^ed by the Shreff Clerk or his 
deputes, and hes delyvered the one yrof sub'^ as s^ is and wr'" be 

the s^ Nicolas Dunbar, Dept. 

The Barclays of Towie, a Banffshire and Aberdeenshire family, 
happy in the female line, and seldom in the male, attained their greatest 
fame in Barclay de Tolly, soldier of fortune, who opposed Napoleon 
in his winter advance of 1812 on Moscow. 

Sir James Ogilvie, Joint Secretary of State for 
Scotland. 

In January 1695 Sir James Ogilvie, still His Majesty's Solicitor in 
Scotland, proceeded to London at the King's command. There he 
remained until April in close contact with the Court, the Sovereign 
allowing him " much ease and free accesse."^ Returning to Edinburgh 
late that month, as Commissioner of the Royal Burgh of CuUen, and 
as King's Solicitor, he attended the Session of Parliament which met on 
gth May and adjourned on 17th July 1695. About this time commenced 
his voluminous correspondence with William's Presbyterian Chaplain, 
Mr. Carstares,'* chief adviser at Court on Scots affairs. In the Parlia- 
mentary session of 1695 opposition to William's Scots ministers showed 
itself in the raising of the Glencoe affair against the Master of Stair, 
Joint Secretary of State. Further, the " Act for a company trading to 
Affrica and the Indies," passed on 26th June that same session, soon 
caused trouble with England, and hastened the fall of the Scots 
ministry which promoted its passage. Viscount Stair demitted office 
in January 1696 ; and next month saw the removal of the Joint 
Secretary, Mr. Johnston, and Lord High Chancellor Tweedale. In 
the eager pursuit for place and power Sir James Ogilvie, who had 
impressed William and Carstares as a good manager of men and affairs, 
was in February 1696 appointed Joint Secretary of State for Scotland 
with Lord Murray,^ who had been appointed the month before. 

■ Seafield Corres|x)ndence (Scot. Hist. Socy.), p. 163. 

* Carstares' State Papers and Letters, pasiim. 

3 Created Earl of TulliUardine 27th July 1696, and later Duke of Atholl. 



SIR J. OGILVIE, SECRETARY OF STATE FOR SCOTLAND. I03 

Never too firmly seated on his throne, WilHam, after the revolutionary 
wars ended, continued to experience recrudescences of Jacobitism, which 
found vent in plots, attempted invasions, and parliamentary and popular 
opposition to his rule. The Glencoe question raised in 1695 ^'^s such a 
symptom. More important and deadly in Scotland was the English 
opposition to the Darien colonizing scheme, the great trading venture 
arising out of the Act of 26th June 1695. In December 1695 the 
Parliament of England jealously intervened with William against 
allowing English subscriptions to the capital of the Scots company, 
which might be a powerful rival in trade, and later in 1697 used diplo- 
matic pressure to prevent the citizens of Hamburgh giving financial 
assistance. The bad harvests of 1695 and 1696 added to the popular 
discontent and opposition in Scotland. Meantime the war against 
France was wearing the country down. 

When the Scots Parliament met on 8th September 1696, the Earl of 
Tullibardine was Commissioner, Lord Polwarth Chancellor, the Earl of 
Melville Lord President, and the Duke of Queensberry Lord Privy Seal. 
Sir James Ogilvie, by the King's authority, sat and voted as Lord 
Secretary,' and the Burgh of Cullen was authorised to elect another 
Commissioner,^ which it did, on the Secretary's suggestion, in the 
person of Sir John Hamilton, Lord Halcraig, one of the Senators of 
the College of Justice. Sir James Ogilvie's secretary, writing the day 
after the down sitting of Parliament, says: — "Ther hes bein straing 
clubs about the choiseing of the committies, and the nobility are in a 
great offence upon that head, the mobility, as they tearme them here, 
endeavoring to carie all. I mean the borrowes, and a great many of the 
barrons. My Lord Secretary is verie weell w ith all sydes, but it is verie 
fashous to him to gett all keepped, hot I hope he shall reconceall all." ^ 
The common talk was a general peace. Parliament rose on 12th 
October, and shortly after Sir James Ogilvie proceeded south to London 
to Court, where he was complimented on his management of affairs, 
and remained all winter until William, in April 1697, crossed over to 
Flanders. The campaign there was only languidly pressed, and nego- 
tiations for peace were early opened by Louis. On loth and nth 
September 1697, the treaty of Ryswick which recognized William's 
title as King was signed. The disbandment of a considerable part of 
the Scots army in the winter of 1697 added to the number of loose and 
masterless men and to the growing discontent. 

' The Acts of the Parliaments of Scotland, Vol. X., p. 8. 

^ Ibidem, p. II. 

3 Seafield Correspondence (Scot. Hist. Socy.), p. 204. 



104 RECORDS OF THE COUNTY OF BANFF. 

Meantime Scotland, impressed with the success of the older English 
and Dutch chartered trading companies, had more and more placed her 
faith in the trading venture which was to end in the failure of Darien. 
The King was in a dilemma between the opposing policies of his two 
parliaments of England and Scotland. Mr. Robert Pringle, Under 
Secretary of State for Scotland, writing on 15th February 1698, to Sir 
James Ogilvie, summed up the situation : — " What hes hapned to the 
companie may be much made use of in the ensuing session of Parlia- 
ment, the generalitie of all ranks resenting highlie what hes passed in 
Hamburgh, and the little care taken to redress them." '^ 

Early in 1698, Tullibardine, Joint Secretary of State, in many ways an 
uncertain quantity, was removed from office, and went into opposition. 
Thereafter until January 1699 Sir James Ogilvie, who was raised to the 
peerage on 24th June as Viscount Seafield,^ continued sole Secretary of 
State. In the session of Parliament which sat from 19th July to ist 
September 1698, Viscount Seafield as Lord President and sole Secretary 
managed so well as to obtain the requisite supplies and to smooth over 
the difficult question of the African Company.^ The expedition to 
Darien had sailed from Leith on 26th July 1698 amidst great popular 
enthusiasm. 

At the Michaelmas Head Court of 1698, after the entry of Earl 
Marischal appeared the name of Viscount Seafield. 

Patrick Broune, Highland Reiver. 

The succession of bad harvests in the later nineties known as the 
" ill years of King William," and the peace of Ryswick in September, 
1697, which was followed by the disbandment of several of the King's 
Scottish regiments, increased the number of loose Highlanders who 
sorned on the Lowlands. One of these freebooters was Patrick Broune, 
accomplice of James Macpherson,'^ who was hanged in Banff on 17th 
November, 1700. Peter, or Patrick, and Donald Broune were probably 
hanged in Banff in June, 1701, though an unknown authority referred 

' Seafield Correspondence (Scot. Hist. Socy.), p. 224. See also Carstares' Stale Papers 
and Letters, pp. 368-370. 

' State Papers (Scotland) Warrant Books, Vol. XVII., p. 14 ; and the Acts of Parliaments 
of Scotland, Vol. X., pp. 119 and 120. 

3 See Letters of Seafield and others in Carstares' State Papers and Letters, pp. 384-430 ; 
Commissioner's Letters to King in Marchmont Papers, pp. 157-171 ; and Seafield Corres- 
pondence (Scot. Hist, Socy.), pp. 241-242. 

«" Miscellany of the Spalding Club," Vol. III., pp. 175191 ; and Dr. Cramond's 
"Annals of Banff," New Spalding Club, Vol. I., pp. 99-113. 



PATRICK BROUNE ALLEDGIT GIPSIE. I05 

to by Sir William Fraser states that they escaped.^ At the Michaelmas 
Head Court of 1698, a warrant was issued against Patrick : — 

And anent the representatione made by Sr Jon Gordone of Park in 
name of himself and the countrey against Patrick Broune alledgit 
gipsie and his accomplices ffor soroneing throw the countrey, the 
Shirreff grantes warrand to any persone who may have occasion to 
meitt with him to apprehend and present him to justice. 

Renunciation of Maynes of Lichnett in Gamrie. 
The Michaelmas Head Court Minute of i6g8 continues: — 
Lykeas compeired Patrick Smith in Lichnet and presented ane renun- 
ciatione granted by him off his possessione of the Maynes of Lichnett and 
pertinents yrof perteineing to James Innes of Lichnett after the tearme 
of Whitsunday nixt to come, reserveing his crops of cornes and 
plenishing that shall be then thereupon, and that to and in favores of 
the sd James Innes dateit the day of , and protested 

to be free of the sds landes after the sd terme of Whitsunday nixt to 
come. The Shreff admitted the sd protestatione and ordeined the 
samyn to be insert in the Court bookes and extractes yrof to be given 
to the sd Patrick Smith : Whereupon act of Court. 

Nicolas Dunbar, Dept. 

Viscount Seafield and Darien. 

The burden of State affairs resting on one Secretary of State, when 
Scots affairs had to be attended to in Edinburgh and at the Court in 
London, was too much. Writing on 31st January i6gg, Seafield's 
private secretary says : — " The King has given a demonstratione ^ of 
gratitude this night to those who served him faithfully the last session 
of Parliat, and bestowed places, pensions and honours on them, and 
that by my Lord's moyen and recommenda°ne. He [Seafield] saw- 
there behoved to be a conjunct secretary, so he made choice off Lord 
Carmichael. He is ane easy man, and I hope they will aggree well 
together." Lord Carmichael, who afterwards became Earl Hyndford, 
has left a short and jaundiced account ^ of Seafield. It is characteristic 

' "The Chiefs of Grant," Vol. I., pp. 325-6. 

^'Seafield Correspondence (Scot. Hist. Socy.), pp. 255-257; and Carstares' State Papers 
and Letters, pp 457-464. 

3 Carstares' State Papers and Letters, p. 94. 

O 



I06 RECORDS OF THE COUNTY OF BANFF. 

of the Scots political methods of the time, and having got into print, 
has consequently marred the just reputation of his patron Seafield. 
But political times were soon to be trying and more difficult. 

When Seafield's secretary wrote from Whitehall on 31st January, 
he further announced the " very bad news this day off the Prince of 
Bavaria's death. It will putt a great altera^ne in fforreign affairs, 
. . . . and there will be great debates for the succession of Spain." 
The Commissioners of Justiciary of the Northern, Middle and Southern 
districts of Scotland were harshly dealing at law with the many loose and 
masterless men in Scotland consequent on the extensive disbandment of 
the Scots army and the great scarcity in the county. Rumours were at 
last coming through that the Darien venture was not so hopeful as had 
been thought, and that the Spanish Don was coming against the colony. 
Complications in foreign affairs annulling conditions in the peace of 
Ryswick, unrest and famine in Scotland, and the omens of failure in 
the Darien adventure, into which all Scotland, with one or two excep- 
tions, had put money, together with diplomatic tension with Spain and 
England, clouded the political sky. On 2nd May 1699, Seafield's 
secretary in London tells that " the common talk is only off our Affrican 
company. My Lord President [Hugh Dalrymple] and Advocate are 
here, who will give advice concerning it. There choise of that place is 
mightily commended, and if they can enjoy it peaceably it will make 
Scotland flourish." ' The true state of affairs was then far different. 
The expedition arrived on 3rd November 1698, and set about opening up 
trade with the neighbouring settlements and colonies, and particularly 
with the English colonies in the West Indies and New England. 
Ignorance of the proper methods of settlement in a tropical region, 
unpreparedness, the hostility of the English colonies inspired from the 
Parliament at London, and the political complications arising in 
connexion with the colonists' settlement in territory claimed to be 
Spanish, though not effectively occupied by Spain, which involved the 
active hostility of that country and the antagonism of the English Govern- 
ment then at peace with Spain, but anxious to catch hold of any plea 
against Scotland's colonizing ventures — all combined to ruin the enter- 
prise. The colony was abandoned on 20th June 1699, six weeks after 
the sanguine expectations of Seafield's private secretary were written. 
Two auxiliary ships from Scotland arrived in August to find the 
settlement abandoned. A second expedition, which sailed from the 
Clyde on 24th September 1699, arrived at Darien on 30th November 
1699. But the venture flickered out. On nth April 1700, the settle- 
ment was abandoned, and a legacy of political troubles was left, which 

' Seafield Correspondence (Scot. Hist. Socy.), p. 264. 



BANl'FSHlRE AND DARIEN. I07 

in the end, greatly by Seafield's endeavours, was settled in the corporate 
union of England and Scotland of 1707. 

Meantime, with bad news coming through to Scotland, the fat was 
in the fire. The excited state of feeling in Scotland over the failure of 
the Darien adventure, in which nearly every Scotsman had invested his 
money, resulted in addresses to the King from the directors of the 
African company, from the nation, and from most of the counties and 
royal burghs of Scotland. In Banffshire there was " hott service" 
in the end of December i6gg ; and a report had reached Edinburgh 
that the Earl of Findlater had even " subscrived " the address.' That 
was not the case; and with rare caution neither Seafield nor his father 
had subscribed money to the company. An address was, however, 
notwithstanding Seafield's opposition, voted,^ asking the King to 
recognise the right to colonise Darien. In this movement James 
Ogilvie yr. of Boyne, who was, if not now, soon to become one of Tulli- 
bardine's " doers " in opposition, took an active part. One compen- 
sation alone resulted. The international trouble arising out of the 
Darien affair was early in 1700 forcing on the English Parliament the 
question of a corporate union between England and Scotland. ^ 

In February 1700, Viscount Seafield was in Edinburgh as Lord 
High Commissioner to the General Assembly of the Church of 
Scotland, which met that month. 

James, Earl of Airlie. 

At the Pasch Head Court of 1700 James, Earl of Airlie, dropped 
from the Banffshire suite roll, his lands of Alvah, Bachlaw and 
Tippertie then appearing after the name of Alexander Duff of Bracco. 
Writing to the Earl of Findlater on igth May 1699, Alexander Ogilvie 
of Forglen tells him how " the reversione of the Earle of Airelay's 
estate in the shire [Banff] with the burden of the wodesetts and 

liferents was proferred for ane hundreth thousand merks 

Bracco hath accepted of the proferr, having the advantage of the 
present possession.""* So passed from the Ogilvies of Airlie their 
possessions in Banff, leaving not a wrack behind save the name of the 
Lodging of Airlie, still clinging to the old tower in the gardens of 
Duff House. Thus was another important estate added to the extensive 

•Seafield Correspondence (Scot. Hist. Socy.), p. 277. 
' The Acts of the Parliaments of Scotland, Vol. X., App., pp. 79, 80. 
3 The Marchmont Papers, Vol. III., p. 178; and Seafield Correspondence (Scot. Hist. 
Socy.), p. 283. 

* Seafield Correspondence (Scot. Hist. Socy.), p. 267. 



Io8 RECORDS OF THE COUNTY OF BANFF. 

landed possessions which the House of Fife was to amass, and in the 
twentieth century to scatter. 

The Scots Parhament, which met on 21st May 1700, proved 
unmanageable, declining to vote supplies. It was adjourned on 30th 
May to 20th June to prevent the passing of a " resolve " declaring 
Caledonia a rightful settlement, and pledging Parliament to maintain 
the same. The King could not and would not yield on this. Seafield's 
private secretary, writing to the Earl of Findlater from London on 
13th June 1700, says regarding the overture concerning Darien : — " The 
Earles of Argyle and Annandale and my Ld. Seafield have importuned the 
King to consent ; but have not yet prevailed. It is the greatest trouble 
can attend my Lord that he cannot bring the King to yeild speedily, 
though perhaps a great many will not beleeve so much." ^ In the 
adjourned session of Parliament, which sat from 29th October 1700 
to ist February 1701, by skilful management in view of foreign com- 
plications, •' resolves " on Darien were shelved and supplies were voted 
in the end. 

But Seafield's influence, even in his own county, had in consequence 
suffered badly. Provost Stewart, Commissioner for the Royal Burgh of 
Banff, had died; and when, in April 1701, the Lord Secretary made a 
move to have his friend Alexander Ogilvie of Forglen elected, it failed,^ 
though he was next year returned. 

In June 1701 Forglen received his patent as knight baronet, and at 
the ensuing Michaelmas Head Court of the shire he was enrolled for 
the lands of Forglen. 

The Earl of Seafield. 

On 24th June 1701, Viscount Seafield was created Earl of Seafield, 
Viscount Reidhaven, and Lord Ogilvie of Deskford and Cullen. His 
son James, in consequence of the death of his uncle Walter, Lord 
Deskford, in 1699, and of his father being now an earl, took the courtesy 
title of the heir of the Findlater peerage, Deskford. Seafield's 
secretary, James Baird, writing on 4th July 1701, says: — " Carmichall 
would neeids be an Earle, and my Lord Seafield was forced to take on 
too to keep his rank with him, being alreadie a step befor him." 3 

The Spanish Succession. 

The treaty of Ryswick was followed by the two partition treaties of 
1698 and 1700, regulating the succession to the Spanish throne. The 

' Seafield Correspondence (Scot. Hist. Socy.), p. 290. 
* Ibidem, p. 328. 
' Ibidem, p. 332. 



BANFFSHIRE AND THE WAR OF THE SPANISH SUCCESSION. IQ^ 

second treaty followed the death of Ferdinand of Bavaria, and 
divided the Spanish dominions between the Emperor's son Charles, 
who was to have the crown of Spain, and the Dauphin of France. 
The aged King of Spain, opposed to this last partition, bequeathed his 
undivided kingdom to Philip of Anjou, second son of the Dauphin. 
He died in October 1700; and the Emperor with the Dutch took up 
arms against France to defeat the King of Spain's bequest and to 
vindicate the claim of his son Charles. William, handicapped by a 
hostile Parliament in England, did not come into line at once with his 
old allies. Prerogative stretched further in Scotland, and in the spring of 
1701 he was strengthening his position by sending out some regiments 
from Scotland to Holland. In September 1701 King William formally 
joined the Grand Alliance against France. A few days later King 
James died at St. Germains. His son was immediately acknowledged 
King of England by Louis. Faction at once ceased in England and in 
Scotland. Loyal addresses poured into Court ; and a united people 
formed behind William. He returned from Holland to England on 
4th November, and dissolved the English Parliament three days later. 
In December a Whig majority was returned ready to vote him supplies 
and to carry on the war against France. 

In Scotland no dissolution was considered, or was necessary. Sir 
Alexander Ogilvie of Forglen, writing to the Earl of Findlater from 
Edinburgh on 22nd October 1701, tells how: — "The Earle of Marr 
with three and twentie more at a justice court in Stirling, have 
subscrived a wery loyall address to his Majtie. The Earle of Tulli- 
bardne, with eight or nyn of his party, did speake and votte for 
delaying it, and when it was carried agt. them, they went out and 
wold not signe. My Lord, I know the Earle of Seafield will be 
mos desireouse that there be ane address in lyke maner from the court 
at Aberdein, and therefor I earnestly becheesh your Lo. may keep 
the dyet, for I cannot express how it will delight your son to see your 
hand there, and it will incourage many in yor countrey to waite on you, 
and I hope this shall make amends for the discontent he hade by the 
last address^ was sent out of his countrey, and the chainge on this 
occasion will be imputed to his presence so lately there." ^ Addresses 
from the County of Banff and its two Royal Burghs did come in due 
course; but another event w^as soon to intervene. On 20th February 
1702, William broke his collar bone. On 8th March he died, bequeathing 

'Acts of the Parliaments of Scotland, Vol. X., App., pp. 79-80. • 
» Seafield Correspondence (Scot. Hist. Socy.), pp. 336-7. 



no Records of the county of BANfF". 

to his successor the solution of the clamant question of an incorporating 
union of England and Scotland, and the war of the Spanish succession. 

Queen Anne and Union. 
On Queen Anne's succession, Seafield continued to act as Secretary 
of State for Scotland, with the Duke of Queensberry as his colleague. 
Parliament, which originall}- had been elected in March 1689, met on 
9th and adjourned on 30th June 1702. The question of an incorporating 
union bequeathed by William to the Parliaments of England and Scot- 
land had been so far advanced that in May and June Commissioners 
had been appointed to treat. These met in London on loth November, 
but negotiations broke down, as the English Commissioners would not 
concede equal trading privileges to Scotland. Meantime, in accordance 
with constitutional usage, Parliament was dissolved, and a new one 
summoned on 25th August 1702. On that same date, in consequence 
of the new reign, a warrant ^ for a new gift of the Sheriffship of Banff 
was issued in favour of the Earl of Seafield. 

Election of James Ogilvie, yr. of Boyne, and Alex. Duff 
OF Bracco, as Commissioners of the Shire. 

The election for Banffshire is recorded in the following Minute, 
which shows a continuance of the impaired influence of Seafield, and a 
recrudescence of Jacobitism in the defeat of Sir James Abercrombie 
of Birkenbog, Seafield's nominee, and the election of James Ogilvie, 
yr. of Boyne, heir to a bankrupt estate, and " doer " to Tullibardine 
in opposition. The Minute otherwise speaks so plainly on the political 
questions of the time and the keenness of political feeling, as to need no 
comment. The record of the old extent of the lands of most of the 
electors present is probably more interesting: — 

Att Banff the sixth day of October, Iajvy& two years. 

The whilk day Nicolas Dumbar of Castlefield produced her Maties 
proclame°n the date at Windsor Castle the twenty fifth day of August 
last bypast for calling of ane new Parliat to sitt at Edr the twelth of 
Nover nixt, requiring and comanding the Shirreffs in the rexive shires to 
the end that, according to the lawes and acts of Parliat, elec^nes may be 
made of fitt persones to be Commissrs to the sd Parliat : In obedience 
qrunto the haill ffreeholders of this shyre being warned by intima^nes 
at the mercat croce of Banff and at each parish church within the sd 
shyre to meet this day and place to the effect forsd and to keep the 
head court the sd day, which accordingly being done and the head 
court adjourned, the ffreeholders having elec°ne of Comissr^ did make 
• Sute Papers (Scotland) Warrant Books, Vol. XVIIL 



ELECTION OF YOUNG BOYNE AND BRACCO. Ill 

up the roll following of all the ffreeholders within the same, whether 
lying within stewartries not having Comiss*"-^ or bailliaries of royalty or 
regality or without the same, of the holding valua^n and extent ment*^ 
in the act of Parliat 1681, containing the names and designa°nes of the 
ffiars liferenters and husbandes having right to vote in maner yrin 
spec'*, and qch roll of elec^ne is insert here as followes — 

Sr. Patrick Ogilvie of Boynd. James Duff of Crombie. 

Sr. John Gordone of Park. Mr. Wm. Joass of Collyneward. 

Sr. Allex''. Ogilvie of fforglan. Allex"". Lesly yor of Kininvie. 
Sr. James Abercromby of Birkenbog. Mr. James Lesly of Tullich. 

Allex^ Duff of Bracco. George Gordon of Carnousie. 

John Stewart of Kilmachlin. Peter Russell of Montcoffer. 

Allex*". Gairden of Troup. Allex^. Abercromby of Glassaugh. 

James Ogilvie of Baldeavie. Charles Gordon of Glengerrack. 

John Grant of Ballandalloch. John Innes of Edingeith. 

John Ramsay of Laithers. James Ogilvy yor of Boynd. 

James Gordone of Daach. Sr. James Innes of Kinermony. 

John Abernethie of Meyan. John Grant of Easter Elchies. 

Mr. Thomas Merser of Todlaw. Walter Grant of Arindillie. 

David Cruikshank of Ballnoon. Peter Innes of Soccoch. 

Allex"". Stewart of Achorachan. Mr. David Gordon ot Achoynonie. 

John Leslie of Kinninvie. George Gordone of Aradoule. 

John Grant of Carron. 

And yrafter the ffreeholders contained in the roll for elec^ne @wrin and 
who have taken the oath of alledgeance and assurance to her Matie 
Queen Ann, Allex^. Duff of Bracco first Commiss^ elected to the last 
Parliat having asked the votes who should preside and who should be 
clerk to the meeting, it carried in the affirmative and by plurality of 
votes that Patrick Leslye Shreff clerk deput of Banffshyre should be 
clerk and Sr. Patrick Ogilvie of Boynd preses of the sd meeting. 

Sr. Allex"". Ogilvie of fforglan protested that the above menf^ 
proceiding wes illegall and expressly contrary to the act of Parliat, in 
respect yr wes nothing more done than inserting the names above 
menfi w^out instructing any of yr extents or valua^n of yr lands or 
mentione made upon what consideraon it wes that they were insert as 
barons and freeholders, and no reason further given but that they were 



112 RECORDS OF THE COUNTY OF BANFF. 

insert and would vote at yr owne perile : To which ansred to the forsd 
protesta^n that this obje^n is agt. the haill barons and ffreeholders 
without condescending on any parlar, and the act of Parliat 1681 to 
wch the sederunt expressly relates is opponed, whereby it is expressly 
appoynted that none shall have vote but these who are in the termes of 
the act of Parliat ; and, if any persone take upon them to vote contrary 
to the tenor yrof, the law bears the penalty, and these objectiones are 
properly to be discussed before the Parliat and not here, seeing the 
Shirreff hes omitted his duty in makeing rolls and calling the heretors 
to that effect ; and as every barone and ffreeholder acts here on yr perile, 
so the rolls of the retoured duties and valua^nes of the shyre does 
clearly instruct who hes liberty to vote or not, and this is done of designe 
to confound the elec°nes : To the former ansr made by the Laird of 
Bracco in name of the barons it is replyed by fforglan that he carries 
all due respect and honor to the barons both in generall and in parlar, 
and that the objec°ne and protesta^ne is agt. the forme of makeing the 
roll ; and whereas it is urged that the stent roll and books of valua^ne 
doe clear what is possessed by every man it is doubted, only what is 
urged here is that in the termes of the act of Parliat 1681 yr should be 
a produc°ne of the extent valua°ne and holding for qch they are listed 
as barons and yr lands parlly designed, since for want of this it is 
impossible to any man to propose relevant objec°nes. The barons 
repeat the former ansr. and craives fforglan may condescend on those 
agt. whom he objects : Parlly as to that ansred by fforglan that when 
they goe thorow the forement'^ list every man that inclines to object or 
is in knowledge of what is contrary to the act of Parliat they will 
mentione it by way of objec°ne, but its very hard to desire a man to 
make ane objec°ne when yr is nothing produced agt. qch he shall object, 
yr being nothing ment^ but a gentlemans name singly vvtten doune : 
It is replyed by the barons that its earnestly intreated from fforglan 
what he would have produced and by whom ; and if need were every 
man can here condescend on the lands for qch he contends to vote : To 
qch ansred by fforglan that the Laird of Bracco avers in name of the 
barons, whereas yr are a good many that doe not adhere to him ; and 
that all fforglan desires is in makeing up yr rolls of their freeholders 
they may be legall and formall in the termes of the act of Parliat 1681, 
as is above ment'* : The barons adhere to yr former ansrs. 



ELECTION OF YOUNG BOYNE AND BRACCO. II3 

Sr James Abercromby of Birkenbog, having asked at Kilmachlin if 
he be infeft or in poss"« or hath a vote conforme to the act of ParHat, 
is ansred by Kilmachlin that he votes on his perile : To qch Sr James 
Abercromby replyed that in respect he had produced nothing to give 
him right to a vote therfor he protested agt. his voteing, and yrupon he 
takes instruments : Replyed by Kilmachlie that his retour being a 
thrie pound land is here produced, and that he is appearand air to 
Kilmachlin his father who stood last vest and infeft is unquestionable, 
and that allwayes wes in use to vote w^out debat, and yrfor protestes 
that Birkenbog may be lyable to him for his expensses and for the five 
hundreth merks for his malicious objec°ne conforme to the act of 
Parliat : To which ansred by Birkenbog that he saw nothing produced 
but the generall retour of the shyre and no parlar paper belonging to 
Kilmachlin qrby he might make it appear that he is in poss"^ of the 
lands of Kilmachlin, since it is offered to be proven that he is not in 
poss^e of the lands, but a good pairt of that interest sold by him to oyrs 
svrall years agoe. 

Birkenbog protests agt. Ballnoon that he is not ffour hundreth 
pounds of valued rent, he having disponed a pt. of his interest to his 
nephew, and yrfor protested agt. him voteing: Tandem Birkenbog 
passes frae his objec^n agt. Ballnoon. James Ogilvy yor of Boynd 
protested that no objec°ne or protesta°ne should be insert in this 
book except, conforme to the act of Parliat, yr be instruments taken 
yron, and took instruments : Ansred by Birkenbog that he may object 
and not protest when he is not resolved in scruples that he propone, 
and yrupon takes instruments. 

fforglan objects agt. Carnousie that he either hath gott or hes the 
promise of good deed for his vote from Bracco, in regaird the sd Laird 
of Carnousie told him that, if Bracco did not give him a discharge of 
all claggs and claims betwixt them, he w-ould not give him his vote; and 
since that was a matter so considerable to him as his standing and 
falling he believed no man would take excep^ne agt. him soe to dispose 
of his vote, and yrupon takes instrument : Its ansred by Carnousie and 
Bracco that the assertione is most false and calumnious, and qtever 
Carnousie might have said to have liberat himself from fforglan 's 
insinua°nes and extraordinary applica°nes and solista°nes, yet Bracco 
and Carnousie are content before this honoW meeting to free them- 

P 



114 RECORDS OF THE COUNTY OF BANFF. 

selves of that malicious aspersione upon oath, and protested that 
fforglan be lyable conforme to the act of Parliat for expenses and five 
hundreth merks, qrupon they take instruments: To qch ansred by 
fforglan that the specious pretences named by Bracco are as false and 
calumnious as may be, and that he desires either Bracco or Carnousie 
may condescend upon the act he ever desired Carnousie to doe to the 
prejudice of his country; and instanter referrs the forsd matter to 
Carnousie's oath, and for further clearing the said matter shall lead 
famous witnesses that shall clear the whole comuning of that matter, 
and protests for coast skaith and damage agt. Bracco for his 
calumnious aspersione: Replyed by Bracco that the objec°ne is 
nowayes in the termes of the act of Parliat, and yrfor cannot be 
allowed, and for his services done his country it will appear in its oune 
tyme. 

James Ogilvie yor of Boynd protests agt. Todlaw's voteing, in 
respect he hes acknowledged befor this meeting that he is not a four 
hundreth pounds of valued rent, nor hes a ffourty shilling land; and 
yrupon takes instrument. 

Sr Allexr. Ogilvie of fforglan adhers to his former protestations 
of the informality and illegality of the forsd roll of ffreeholders, in 
respect that some of them being parlly interrogat whether they 
could make a produc°n to qualifie themselves to vote in the termes 
of the act of Parliat, they ansered they would vote upon yr perile : 
To qch ansered that this objec^ne is altogether generall, and its 
here protested that fforglan the objector may be lyable for ffive 
hundreth merks and expenses to any man who shall vote here and be 
oblidged to produce yr papers before the Parliat : 2^° The objec°ne is 
nowayes in the termes of the act of Parliat, because it is expressly 
provided that no objec^ne shall be admitted but qt shall be proponed 
except as above they can be no further allowed and no objec°ne is 
alloweable, but qt is cont*^ in the instruments taken: Yrupon fforglan 
adhers to his former protesta°n in respect yr is no evident or right 
produced here save only the generall retour of the shyre : Qrunto 
ansered that the valua°n books and the generall retour of the shyre are 
patent which showes every man his interest, and qr yr are parlar 
Qbjec°nes proponed they are ansered. 



ELECTION OF YOUNG BOYNE AND BRACCO. I15 

And it being farder considered by the freeholders and barons of the 
shyre in respect of fforglans objecQne agt. the roll, for satisfieing all 
concerned in the meeting before they would enter to vote, they have 
sett doune the roll of these who have taken the oath of alledgeance and 
assurance conform to law wt their severall retours lands and valued 
rent in the termes of the act of Parliat as followes : — 

Sr Patrick Ogilvy of Boynd for a pt. of the barony of Boynd 
possessed by him, the whole of qch is retoured at fourty pounds of old 
extent holding of the King. 

Sr John Gordone of Park for the lands yrof, being ten pound of 
retour and seavinteen hundreth pounds of valua°ne holden of the King. 

Sr Allexr. Ogilvy of fforglan for the lands yrof, being retoured at five 
pound holding of the King. 

Sr James Abercromby of Birkenbog for the lands of Gallcorse, 
retoured at six pound holding of the King. 

Allex"" Duff of Bracco for the Lordship of Balvenie, being twenty 
pound of retour and above ane thousand pound of valua^n holding 
of the King. 

John Stewart of Kilmachlin for the lands yrof, retoured at three 
pound holding of the King. 

Allex"" Gairden of Troup for the lands yrof, retoured above ffourty 
shilling and above ffour hundreth pounds of valued rent holding of the 
King. 

James Ogilvy of Balldavie for the lands yrof, retoured at four 
pound holding of the King. 

John Grant of Ballandalloch for Tullocharron, retoured at three 
pounds holding of the King. 

John Ramsay of Laithers for Mellrose Drachlaw and Drachlaw- 
milne, above ffour hundreth pounds of valued rent holding of the King. 

John Abernethie of Meyan for the lands yrof Tarnemny and Quoir, 
above four hundreth pounds of valued rent holding of the King. 

David Cruikshank of Ballnoon for the lands yrof, above four 
hundreth pounds of valued rent holding of the King. 

Allex"" Stewart of Achorachan for Lesmurdie, retoured at three 
pound of old extent holding of the King. 

James Duff of Cromby for the lands yrof, above four hundred 
pounds of valued rent holding of the King. 



Il6 RECORDS OF THE COUNTY OF BANFF. 

Mr. Wm. Joass of Collyneward for Denhead Poddocklaw and 
Whitoutie, valued above ffour hundred pounds holding of the King. 

George Gordone of Carnousie for the lands yrof, retoured at ten 
pound and above four hundreth pounds of valued rent holding of 
the King. 

Allex"" Abercromby of Glassaugh for the lands yrof, above four 
hundred pounds of valued rent holding now of the King. 

Charles Gordone of Glengerrack for the lands yrof and New- 
milne, valued above four hundred pounds holden of the King. 

John Innes of Edingeith for the lands yrof above four hundred 
pounds of valued rent holden of the King. 

James Ogilvie yor of Boynd for a pairt of the barony of Boynd, 
his propor<^ne being retoured above ffourty shilling and valued above 
four hundreth pounds holding of the King. 

Sr James Innes of Kinermony for the lands yrof, valued above 
four hundred pounds holden of the King. 

John Grant of Easter Elchies for the lands of Edinvillie, above a 
ffourty shilling land holden of the King. 

Walter Grant of Arindillie for the Milne of Papin and oyrs, 
above a fourty shilling land holden of the King. 

Peter Innes of Succoch for the lands yrof, at ffourty shilling land 
holden of the King. 

Mr. David Gordone of Achynonie for the lands yrof, valued at 
four hundred pounds of valua^n holding of the King. 

John Grant of Carron for the lands yrof, valued at ffour hundred 
pounds of valua°n holding of the King. 

The whole freeholders @wrin doe unanimously consent that who 
shall be chosen Comiss''s to represent this shyre to the sd Parliat. 
shall serve freely and gratis, and shall consent to no abjura°n nor 
succession untill ane unione of both kingdomes, qch is now on foot, be 
concluded and ratified by both Parliaments ; and whoever shall happen 
to be elected shall subve their instruc^nes, and upon faith and honor 
performe them, and shall receave and obey what further instruc°nes 
the sds electors shall give them. The barons and freeholders above 
wfin, having voted who should be Comissi^s to the forsd Parliat., they 
by plurality of votes have elected nominat and chosen James Ogilvie 
yor of Boynd and Allex' Duff of Bracco Comissioners to represent 



ELECTION OF YOUNG BOYNE AND BRACCO. I17 

this shire to the forsd Parliat. above inditted and haill subsequent 
sessiones yrof in cace it be continued, untill the finall dissolutione 
yrof: With power to ym to meet and conveen at the forsd day 
appointed for the sitting of the ParHat., or any oyr day qrto it shall 
be adjourned, with our Dread Soveraigne Lady the Queen's Majestic, 
or Hir Highness Commis'" and the Estates of Parliat., and yr to sitt 
voice treat conclude and determine for them all things to be treated 
and handled in Parliat, sicklike as freely in all respects as any Comis'^^ 
from any shire within this kingdome, promising to hold firme and 
stable all and whatsomever things our sds Cornish's shall doe yranent : 
In witnes whereof the forsd Sr Patrick Ogilvy of Boynd hes subt 
thir pnts as preses, and the forsd barons hes delivered and subt 
commissiones to their forsaids Comis'^^, and hes caused yr clerk subve 
the same of the date of thir pnts, and hes caused him append the 
seall of office of the sd shyre yrto. Patrick Ogilvie. 

Pat Leslye, Clk. James Ogilvie. 

A. Duff. 
In a re-shuffling of offices, on 21st November 1702 a warrant^ was 
issued for a commission to the Earl of Seafield to be Lord High 
Chancellor of Scotland; and on the same day Tarbat, created Earl of 
Cromartie on ist January 1703, succeeded him as Joint Secretary of 
State. 

Additions to the County Suite Roll, 1703. 

At the Pasch Head Court of 1703 the following heritors, who had 
appeared and voted in the Banffshire election of 6th October 1702, 
were added to the county suite roll : — 

Jas. Ogilvie, yor. of Boynd, for his part of the thayndom of Boynd. 

John Grant of Easter Elcheis, for the lands of Edenwillie. 

Walter Grant of Airndille, for the lands therof and Miln of Papine. 

Patt. Innes of Soccach, for the lands therof. 

John Grant of Carron, for the lands theroff. 

Sr. Ja. Innes off Kinermony, for the lands theroff. 
All the above dropped from the county Pasch roll of 1710. 

Banffshire and the Treaty of Union. 

The new Parliament, which met on 6th May 1703, was very trouble- 
some. No progress was made with the question pressed on them of an 

' State Papers (Scotland) Warrant Books, Vol. XVIII., pp. 239-245. 



ii8 Records of the county of banff. 

incorporating union, and the session was adjourned on i6th September. 
The new session of 1704 was equally troublesome ; and no progress 
was made with the government bill authorising the Queen to nominate 
commissioners to negotiate a union. The minute appointing James 
Ogilvie, yor. of Boyne, Commissioner of Banffshire on 6th October 
1702, instructed him and his colleague, Alex*". Duff, to consent " to no 
abjuration nor succession untill ane unione of both Kingdomes qch is 
now on foot be concluded and ratified by both parliaments." If the 
parliament of England refused compensation for the Scots loss at 
Darien and would not agree to free trade, they were keen that Scotland 
should adopt the Hanoverian succession, legalized for England in 1701, 
and exclude the Stuarts from the throne. Scotland could, however, 
and did in the end force her conditions by refusing to adopt the Guelph 
succession to the crown until she had obtained her conditions. On 5th 
August 1704, the Act of Security was touched by the sceptre and 
became law, another lever to enforce the Scots conditions of union, 
answered by an enactment of the English Parliament declaring all 
Scotsmen in England aliens. These were, however, mere diplomatic 
moves by the contending Parliaments. 

In her endeavours to solve this difficult situation the Queen on 17th 
October 1704, again appointed Seafield Secretary of State for Scotland, 
with the Earl of Roxburgh ' as colleague. On loth March 1705, in 
the ever-shifting combinations of Scots ministers, Seafield was again 
appointed Lord High Chancellor. But an event was transpiring which 
was all compelling for union, if civil war was to be averted. The tragic 
episode of the condemnation to death on 5th March 1705 by the Scots 
Court of Admiralty of Capt. Green of the English ship, " Worcester," 
and some of his crew, for alleged piracy and murder of Capt. Drummond 
of the African company'^s ship, " Speedy Return," and the execution of 
Green and two of his crew on the sands of Leith on nth April were 
followed by such serious recriminations between the two nations as 
almost to lead to civil war. The Queen's advisers in England saw that 
they must make the concessions demanded by Scotland if war was to be 
avoided, and if a union entailing the same succession was to be achieved. 
Writing from Edinburgh on 3rd July 1705, to his cousin in Cullen, 
Seafield's private secretary says : — " Wee have a great report of ane 
skirmish that was among the gentlemen in Banffshyre and that very 
bloody, which made us beleeve that Boynd should not have been able 
to have come to the Parliament, but wee see it to be otherwise. He is 
come up and sayes there was no such thing. If it had been, I beleeve 
you would have sent us ane acco". I have little time to write any 
• SUte Papers (Scotland) Warrant Books, Vol. XX., pp. 40-48. 



BANFFSHIRE AND THE TREATY OF UNION. IIQ 

more, for the Parlia". is now sitting, and every minute diverted. Our 
Parlia". will be very fashious. The Queen in her letter recommends 
the setling of the succession, a treatty of union with England, and six 
moneths cess, the last of qch will please you worst, because you^^ bear 
a part of the burden." ^ Parliament adjourned on 21st September 1705, 
after passing the act for a treaty of union with England, to which young 
Boyne and Bracco were opposed. On the other hand the Commissioners 
for the Royal Burghs of Banff and Cullen voted in support. 

Dunbar of Durn. 

In the Michaelmas suite roll of the county, 1705, James Dunbar, 
younger of Durn, was entered for Durn, and next year at Michaelmas 
the Earl Marischal ceased to be enrolled for that estate. James Dunbar 
was eldest son of Sir William Dunbar of Durn, who was created on 
29th January i6g8 a baronet through the influence of his son-in-law, 
Seafield. The minute bears : — 

" The sd day compeared James Dunbar of Durne and produced a 
charter under the great seal granted to him of the superiority of the 
lands of Durne, w^ the reservatione of ane part yrof in favours of the 
Earle Marshall in manner spect. in the sd charter, wt. ane instrument of 
sasine yron, and craved to be enrolled in the head court roll as a barone : 
Which being considered be the Shreff he ordained him to be inrolled 
as above. — Qron. act." 

Birkenbog and Park contend for Precedence, 1705-6. 

At the same Michaelmas court of 1705, Birkenbog and Park continued 
their old contejition for precedence : — 

The sd day compeared perllie Sr James Abercrombie of Birkenbog, 
and protested that the rolls may be altered in so farr as Sr John 
Gordone of Park is called before him, notwithstanding that his patent 
as Knight Baronett is of ane older date, and for instructing yrof pro- 
duced ane patent granted by King Charles the First to his father 
constituting him and his airs maill Knights Baronets w all the honors 
and dignities yrto belonging, dated the twentieth of ffebruary Iajvy& 
thirtie six years,^ against which Sr John Gordone protested and craved 
that the rolls may be continued as they are. The Shirreff referrs the 
decisione of this precedencie till he advyse wt. the Prin" Shreff. 
Thereafter Sr John Gordon of Park protested that Sr James Aber- 
• Seafield Correspondence {Scot, Hist. Socy.), p. 421. "See also p. 10. 



120 RECORDS OF THE COUNTY OF BANFF. 

cromby wes nether a barone nor had a barony and offered to prove the 
samen, agt. qch Birkenbog protested and oppones his patent and 
charters and infeftments : Ansred be Sr Jon Gordone that Birkenbog's 
patent produced is nether in his name nor in his favours, and is now in 
desuetude never having been made use of be his father nor himself, and 
that the sd Sir Jon Gordone has been in peaceable poss"« of his right 
w^out interruptione till this day. 

At the Pasch Head Court of 1706 Birkenbog renewed his protest; 
and, at the ensuing Michaelmas Head Court that year, on the following 
interlocutor of the Sheriff depute, Birkenbog was enrolled before Park. 

Birkenbog protested as formerl}- for his precedency before Sr Jon 
Gordone, and yt he may [be] ranked accordingly, and Sr Jon Gordone 
protested in the contrary. The Shreff deput, having considered the 
sds protestationes made now and formerly, he ffinds Birkenbog's patent 
preferable, and yrfor ordains Birkenbog to be ranked hereafter before 
Sr Jon Gordone : Agt. qch interloq"" Sr Jon Gordone protests, and 
contends yt. Birkenbog's patent is in desuetude and prescrived, and 
contains no lands nor house nor yaird. 

Election of Alexander Abercrombie of Glassaugh as a 
Commissioner of Banffshire. 

Alexander Abercrombie of Glassaugh, Fordyce, was the son of Mr. 
John Abercrombie of Farskane also first of Glassaugh, second son of 
Alexander Abercrombie of Birkenbog, who died in 1647.^ This cadet 
of the Abercrombies of Birkenbog was a near neighbour and intimate 
friend of the third Earl of Findlater and of his son, the first Earl of 
Seafield.* On the outbreak of the war of the Spanish succession. Sir 
Alexander Ogilvie of Forglen, writing with Seafield's authority to 
Findlater on 2nd February 1702, says : — " Teviotts regement of dra- 
goons, Rues and ffergusons regements of foot goe abroad, and new 
regments are to be levied in there place. The Collonells are not yet 
determined. It is fitt time to your Lo. to move for any friend. Acquant 
Glassaugh heirwith ; and tell him from me he hade never a fitter 
opportunity of preferrment if he inclines to change the plough for the 
sword." ^ Glassaugh acted on Forglen's advice, and applied for com- 
missioned service in the dragoons. "^ It was lot, however, until 31st 

' See pages 9 and 10. 

' Seafield Correspondence (Scot. Hist. Socy.), pp. 333-4. 

3 Ibidem, p. 347. * Ibidem, p. 348. 



ELECTION OF GLASSAUGH AS COMMISSIONER OF THE SHIRE. 121 

January 1706, that he received a commission as heutenant in the Earl 
of Mar's regiment of infantrj-, so called from the name of its colonel, 
thereafter called Lord Strathnaver's. 

Alexander Duff of Bracco, Commissioner for Banffshire, a keen 
opponent of union, who threatened to behead any supporter of the 
same " like a sybow," died on 19th December 1705 ; and the vacancy 
in the representation of the county was filled, mainly through the 
influence of Seafield, who had recovered his ascendancy in the county, 
by the election of Glassaugh. 

Att Banff the twenty-fifth day of June Iajvy& and six years. 

The which day compeared Nicolas Dumbar of Castlefield Shreff deput 
of Banff shyre, and produced ane order from James Earle of Seafield 
and Shreff Prin^ of the sd shyre, dated at Londone the twenty-sixth 
day of ffebruary last past, whereby the sd Shreff Prin' required the sd 
Nicolas Dumbar to make due an{i law^ intima°ne on a publict mercat 
day at the croce of Banff, and at the svrall kirks wtin the sd shire, 
to the haill ffreeholders and barons having right to elect, to compier 
this day and place in order to make ane electione of one of yr 
number to represent the sd shyre in this current Parliat. in place 
of Allex^ Duff of Bracco now deceast, as the sd order bears : In 
obedience whereunto yr wes due and law' intima°nes made at the sd 
mercat croce of Banff and at the svrall parish kirks of the sd shyre 
to the sds ffreeholders and barons to meett and conveen this day 
and place to the effect forsd, as the intima°nes issued out yrupon 
also bears : And the haill barons and ffreeholders of the sd shyre 
con^ in former rolls being called compeared Sr Patrick Ogilvie of 
Boynd, Sr John Gordone of Park, James Ogilvie younger of Boynd, 
Allex"" Abercromby of Glassaugh, Sr James Abercrombie of Birkenbog, 
Allex"" Gairden of Troup, Charles Gordone of Glengerrack, Allex^ 
Sutherland of Kinminnitie, Allex'' Crookshank of Ballnoon, Mr. 
William Joass of Collynewart, John Innes of Edingeith, John 
Abernethy of Meyan, James Duff of Crombie, Thomas Donaldsone 
of Kinnairdie, and James Dumbar yor of Durne. Thereafter James 
Ogilvie yor of Boynd the only Commiss*" from this shyre to the 
current Parliat. having asked the vote of the sd barons who should 
be preces and clerk to the meetting, it carried by plurality of voles 
that Sr John Gordone should be preces and Patrick Leslye shreff" 

Q 



122 RECORDS OF THE COUNTY OF BANFF. 

clerk of Banff should be clerk to the meetting: The ffreeholders 
considering yt yr are no altera^ne can be made in the last roll made 
at the last electiones, they hold the same as herein repeated and 
refers yrto, with this new additione that Thomas Donaldsone of 
Kinairdie now added hes lands above ffour hundred pounds of valued 
rent, as so hes James Dunbar younger of Durne and Allex"" Crook- 
shank of Ballnoon in the termes of the act of Parliat. in anno 1681 
anent the electione of Commiss""^ for shyres: And the saids haill 
ffreeholders pnt having taken the oath of alledgeance and sub^^ the 
same wt the assurance to Hir Mtie Queen Ann before proceeding to 
the electione, and having ffully considered who its fitt to represent 
this shyre in Parliat. in place of Bracco deceased doe unanimously 
elect nominat and choyse Allex"" Abercrombie of Glasshaugh to be 
Commissioner for this shyre in place of Allex"" Duff of Bracco in this 
current Parliat. and haill sessiones yrof untill the finall end and 
dissolutione yrof, with full power to him to meett wt our Dread 
Soveraigne Mtie or Hir Commissr and the Estates of Parliat. in 
the next sessions and the subsequent sessiones of this current Parlia- 
ment, and yr to treat voice conclude and determine in all things can 
be handled or agitat in Parliat, sicklike and als freely in all respects 
as any oyr Commissr from any shyre in this kingdome laullie does or 
can doe : Promising to hold firme and stable all and qt somr things our 
sd Commissr laullie does in the premisses, with this provisione allwaj'es 
that the said Alex"" Abercrombie shall serve freely and gratis and shall 
consent to no successione or abjura°ne untill the unione betwixt Scot- 
land and England now in treating be fully concluded and ratified by 
both Parliats ; and that he shall not consent to the ratifieing of the 
sd treaty of unione untill first the interest and honor of this king- 
dome be fully secured in the first place ; and that he shall receive 
present instructiones from the sds electors or what further they shall 
give him, and upon faith and honor performe them. In witness whereof 
the sd Sr John Gordone as preses hes sub'^ thir pnts and caused the 
clerk subscryve the same and append the comone seall of the sd shyre 
to ane comission sub<^ and delivered by the sds electors to the sd Allex'' 
Abercromby of the date of thir pnts ; and in testimony of the sd Allex^ 
Abercromby pnt chosen Commissr and James Ogilvie of Boynd former 



THE ONION. 123 

Commissr yr adhering to the above instructiones they have also sub^ 
thir piits. 

Sir J. Gordon. 
Pat Leslye, Clk. Alex"" Abercromby. 

James Ogilvie. 
The Union. 

The Lords Commissioners of both nations appointed to negotiate 
the treaty of union had already met in London on i6th April 1706. 
Lord Seafield, as Lord High Chancellor of Scotland, presided over 
the Scots Commissioners. They adjourned on 22nd July 1706, having 
agreed on articles of an incorporating union, with safeguards in favour 
of the Scots Established Church and Scots law and Law Courts. 
These articles were thereafter referred to the Parliaments of England 
and Scotland. The Scots Parliament met on 3rd October 1706. The 
act ratifying the union was passed on i6th January 1707. 

Of the Banffshire Commissioners, Alexander Abercromby voted for 
the union, while James Ogilvie, yor. of Boyne, opposed it. The Com- 
missioners for the Royal Burghs of Banff and Cullen supported the 
treaty. The union was consummated on ist May 1707, but in terms 
of the treaty the Scots members in the first Parliament of Great Britain, 
much reduced in numbers, were elected not by their constituents, but 
by the expiring Scots Parliament. Alexander Abercromby was so 
elected for Banffshire. 

The two Royal Burghs of Banff and Cullen were, with Kintore and 
Inverurie, added to Elgin to make one constituency the Elgin Burghs, 
for which Sir Alexander Ogilvie, Lord Forglen, hitherto member for 
the Royal Burgh of Banff, was elected. Banffshire, therefore, in the 
new Parliament of Great Britain had one representative, and part of a 
second, as it has at the date of writing (1917). 

Young Boyne, as Jacobite. 

Meantime young Boyne, excluded from Parliament, was dipping 
deeper into the Jacobite adventure. In the memoirs of Colonel Hooke, 
emissary from the court of Louis XIV. to the Jacobites in Scotland, he 
is seen in 1707-8 flitting through a maze of Jacobite intrigue. At this 
time he was a broken and landless man, with his ancestral estate falling 
into the hands of his relative Seafield, and with no hope of preferment 
except through revolution. As doer for the Duke of Atholl he is seen 
passing between Scotland and France arranging for a French descent 
and a Jacobite rising in Scotland, which materialized in March 1708. 

Earlier, on 29th February, he landed at Gamrie, Banffshire, as the 
following letters from the Countess of Seafield to the Earl in London, 



^24 RECORDS OF THE COUNTY OF BANFI^. 

and from the Laird of Troup to Castelfield, Sheriff-depute of Banff, 
show : — " March g, 1708. Dearest Heart . . . We are migtily aleremed 
hier with the invation from France. I send you a leter to Castilfild. 
I shall say nothing of the matar. It is sead the leard of Boyn is a 
colnall." I " To Nicholas Dumbar of Castellfeild, Shirreff Dpt of Bamf. 
Sir — I forgot to writ concerning that matr, but this present commossion 
which is suddenly in all apearanc to fall in by a Frenc descent maks 
peopl they know not how to order ther buseness. No doubt ye hav 
heard of the gentleman hes set a shor heer from Franc, and who is gon 
to Boynd, and thenc to the Hichlands and thorrow ye kingdom. If ye 
hav not heard it, then I can assur you the truth of it. He wes all night 
the 29 Feby in William Hards at Nethermiln, and went away the first 
of March befor the sun tuo hours; he landed about 6 hours at even. 
He passed for a Ed"", merchant. The ship wes about 16 or 20 guns 
70 to 90 men. Giv not me for your author . . . Alex"". Gairdne."^ 
The French naval descent on the Firth of Forth was frustrated by 
Admiral Sir George Byng on 13th March, and the expedition, the 
strongest ever fitted out from France in the Jacobite interest, after 
suffering some casualties, returned to Dunkirk. Young Boyne escaped 
to France, and was soon after attainted. 

A French Landing at Garmouth, Speymouth. 

An incident of this naval venture was a French landing at Garmouth, 
near Gordon Castle. Writing to the Earl of Findlater "at his 
lugenes in the fut of the Caniget, Edr.," the Countess of Seafield, 
then residing at Cullen House, on 21st March tells him of this episode 
in this naval descent — " No dout you have bird of thrie French 
shipes being at Spaymouth and Buky of gret foras, and on litell on, 
which had about 24 gouns, which cam and wint to them as apired with 
inteligans. They wint of the 20 in the mornen, bot war seen afar of 
today agenest the Carnose." ^ Four days later Forglen, writing to 
Seafield in London, with the brevity of Ca;sar's vent vidi vici, tells him 
how, " Friday last sum of them [French] landed at Garmoch, did no 
harm, dyned, payed weill and went aboord." Such a landing could 
only end in involving as suspects men in the county of Banff. Besides 
the Duke of Gordon, who was early arrested, his son, the Marquis of 
Huntly, Gordon of Gollachie, and Steuart of Tannachie, both in 

' Seafield Correspondence (Scot. Hist. Socy.), p. 453. 
• Ibidem, pp. 453-4. 3 Ibidem, p. 468. 



FRENCH LANDING AT SPEYMOUTH, 1708. I25 

Rathven, were sent prisoners to London in April. Writing on nth 
May to her son, Lord Deskford, the Countess of Seafield entreats him, 
" if it be in your power to serve any of the prisoners that have gone 
from this country to do it, and to speak your father that he may use his 
interest that there be no more trouble given to the people of our 
neighbourhood, for wee hear Grant ^ has a commission to take a wast 
many gentlemen, and amongst the rest poor Findochty^ and his two sons. 
He is your father's vassal, ane old man, I'me sure in no plot, and was 
never near the French ships. Our nighbour Milldavit ^ has heard to be 
among the same number."'^ Later, on 24th May, she writes again to 
her son, " If you be at Edinburgh when this comes to your hands, I 
must recommend the laird of Buckie ^ to you, that you may serve him, 
when you hear of his business, and speak to your ffather in his behalf, 
as if it were from yourself, that he may have liberty to live peaceably 
at home, . . . because I have written of many others. You know there 
may come a time after this."^ The prisoners taken to London were 
ultimately returned to Scotland, where those who were tried were 
acquitted by the High Court of Justiciary. All others arrested were 
liberated. 

The member of Parliament for Banffshire, Alexander Abercrombie, 
meantime, as became a placeman, was supporting Queen Anne. Captain 
in Lord Strathnaver's regiment of foot, he reached Edinburgh from 
London on igth March. " Glassaugh came easter night," says Lord 
Forglen on 20th, " with Roseberry, who wes so tyred that his Lop. 
caused yoke ane cart, and lay ane feather bed on it, and so drives him 
for 2 stages ! " '' Next day Glassaugh writes ^ from Edinburgh — 
" Grant's regt. marched from this today, as doeth ours tomorrow for 
Stireling, and I go allong." Writing later on 24th March from Stirling 
to his patron Seafield, he says ^— " Strathnavars and Grants regts. ' 
mount 70 men, and all the officers are present, so that I reckon this 
pass is in a pretty good posture. ... If your Lo. inclyns I serve in 
Parliat. nixt year, your Lo. will writ to my Lord Forglaen, for I hear 

' Colonel, afterwards Brigadier General, Alexander Grant, eldest son of the then Chief 
of the Grants. 

^ William Ord. 3 John Hay. 

* Seafield Correspondence (Scot. Hist. Socy.), p. 476. 

5 George Gordon. 

' Seafield Correspondence (Scot. Hist. Socy.), p. 477. 

7 Ibidem, p. 466. ^ Ibidem, p. 466. ' Ibidem, pp. 470-I. 



126 RECORDS OF THE COUNTY OF BANFF. 

it surmysed that Grant of Carron has been makeing interest." ParHa- 
ment was not dissolved until 1713. 

Seafield, Chief Baron of Exchequer in Scotland. 

On 13th May 1708, Seafield received a warrant for a commission 
as Chief Baron of Exchequer in Scotland.^ This was an anglified 
judicial office imposed on Scotland for a time by the government in 
London. The previous year, on 20th June 1707, after the union was 
consummated, he received a new warrant =* as Lord High Chancellor of 
Scotland. By this title he preferred to be designed during the rest of 
his life. At the union he entered the first Parliament of Great Britain 
as one of the sixteen Scots representative Peers. 

Lord Auchintoul moves that Absent Barons be fined. 

At the Michaelmas Court held by Nicolas Dunbar on ist October 
1708, Alexander Gordon of Auchintoul, with an access of loyalty 
noticeable after the failure of the French Jacobite descent in Alarch 
1708, sought to reform the abuse of absence on the part of freeholders 
by the imposition of the legal fines. 

The qlk day the whole noblemen and barons underwrin viz. The 
Duke off Gor : the E. of Erroll, the E. Marishall, the Lord Banff, 
Lord Oliphant, Sr. Patt : Ogilevy off Boynd, Patt Barclay of Towie, 
W™ Baird of Achmedden, W"" Duff of Bracco, John Stewart of 
Killmachlie, Ja Ogillwy of Balldawie, Ballandallach, Belldorny, Itlaw, 
Denlugas, Bougny, Mayan, Ballnoon, Ja Stewart of Achorachan, 
Tullich, Allex"" Gordon of Straloch all thes, being thryce called and not 
compearing, were ilk ane of them decerned and amerciat in the soume 
of ffyftie punds scots for defect of suit, and in the lyke soume for 
defect of ther personal! presence (the rest off the noblemen and 
barons being ayther personally piit or excused by the Shirreff Dept) 
and ordeined to make payt therof to the Pror fiscall of this shyre or 
his surs in office w'in term of law, and ordained precepts etc. 

The sd day allso it wes publictly represented by my Ld Achintoull 
that it wes ane reproach on the judicature to see so few noblemen 
and barons att a Michaelmes Head Court, and that it wes proper and 
incumbent on the Shirreff dept to take notice heirof to fyn the absents 
wk)ut exception of persons unles upon wery relewant grounds, and that 

' State Papers (Scotland) Warrant Books, Vol. XXV., p. 143. 
• Ibidem, p. 21. 



barons' attendance on the lords of justiciary. 127 

no excuses sould be admitted by any w^out instrument moey to the 
clerk : Qch being considered by the Shirreff dept, who took the samen 
to his considera^ne, and finding the above proposi^ne wery reasoneable 
complyed therwith, and declaired that hencefurth he wold oblidge all 
who were concerned to attend the head courts to be mor puncteall, 
otherways he wold use the order of law by amerciating the absents 
conform to acts of Parliatt, and that no excuses sould be received 
w^out instrument moey dew to the Shirreff clerk: Qh act was consented 
to by all present and ratified by the Shirreff under subscriving. 

The Barons protest against attending on the Lords 
OF Justiciary. 

At the Michaelmas Head Court of 1709 the five barons present 
protested against the burden of attending the Lords of Justiciary on 
their northern circuit in the county and in Aberdeen. 

The sd day allso the Shirreff dept did intimat and communicat at 
this head court to all the barrons and gentlemen convened att the 
tyme, that the Lords of Hir Majties Justitiary wer gone to Invernes, 
and therfor did desyre and require all the barrons present and all others 
concerned to attend and wait on the sds Lords in ther return at Speysyd, 
ffryday nixt the 7 off October ensewing be g acloack in the morning, to 
conwoy them to Strathbogie, as allso to attend the sds Lords att Abd. 
on the tent off Oct. allso nixt comeing, and to observe the sds Lords 
ther dyets ther, intill they be formally dissolwed. 

In lykmaner the day itt wes represented by the whole barrons 
present for themselues, and in name of the absent concurring w-* them, 
as ane greiwance and how great a trouble it wes for them and wery 
expensive for them twyce in the yeir to attend thes Lords — ffor remeid 
qrof it wes condiscended that Ires sould be wrin to Glassach, who 
represents this shyre, and that he wt the Earle of Seafields concurs 
and assistance should represent the samen to the British Parliatt. that 
for the futur this must be rectified and they eased of so great a burden. 

Some Changes in the County Suite Roll between 
1710 AND 1714. 

In 1712, James, third Earl of Findlater, died, and the Earl of 
Seafield, his son, succeeded to the older peerage, and was accordingly 
entered in the Pasch roll as James, fourth Earl of Findlater. 



128 RECORDS OF THE COUNTY OF BANFF. 

The fourth Lord Banff, at the Michaelmas meeting of 1714, dropped 
his holding of Blairshinnoch, 

Lord Oliphant, with his holdings of Pittendreich, Ardfour and 
Achinninae, dropped from the county suite roll of Michaelmas 171 1. 

Sir Patrick Ogilvie of Boyne, with his holding of the thayndome of 
Boyne, dropped from the Michaelmas roll of 17 14, his estate having 
been previously acquired b}- his relative, the Earl of Seafield. 

Major General Alexander Gordon. 

Alexander Gordon, Lord Auchintoul, dropped from the Pasch roll 
of 171 1, • and in next Michaelmas roll there appeared in his stead his 
son, Major General Alexander Gordon for Auchintoul. 

General Gordon ^ was born at Auchintoul on 27th December 1669. 
He was educated in France, and early entered the Russian military 
service under Czar Peter the Great. In 1696 he commanded a regiment 
at the siege of Azof. In 1699 or 1700 he married Katherine, daughter 
of his kinsman, Patrick Gordon of Auchleuchries, Commander-in-Chief 
of the Russian Army. He commanded a regiment at the defeat of the 
Russians by the Swedes at Narva in 1700, and was then made prisoner. 
Writing to the Chancellor, Earl of Seafield, from Stockholm on 12th 
April 1704, with a request that the Earl might intervene with Queen 
Anne and get him an exchange, Gordon graphically tells his story thus r^ 
** No doubt your Lordship can well remember the memorable passage 
of raising the siege of Narve in November an. 1700, where I had the 
command of a regiment of Russes. Would to God they had been of 
my own countrey men. Then haply our ennimies had not bought ther 
victory so cheap ; but so it was, finding myself abandoned by them and 
slightly wounded, many of our generall officers shewing me the way, I 
submitted on tearms which I thought would have been accompanied 
with a totall liberty to goe of for Moscovy, or at least a treatment more 
becoming a cavalier, to be a prisoner att large, suffered abroad on paroll ; 
but instead of this I have ever since been confind to my lodgings under 
a guarde, and have rarely or never leave to take the air out of doors. 
Yet not so much this hardship, as the tedious loss of time, my Lord, 
after having used all possible means and attempted often my liberty in 
vain, that I might not become troublesome, that now presses me to 
implore your Lordship's assistance ; . . . for im ploying some part of 
the powerfull interest and credit you have with her Majesty in my 

•See also "The House of Gordon," Vol. I., New Spalding Club, pp. 137-140. 
'Seafield Correspondence (Scot. Hist Socy.), pp. 372-3. 



MAJOR GENERAL GORDON OF AUCHINTOUL. I2g 

behalf ; with whom 'twere easie by the means of Mr. Robinson, her 
envoy to the Sweedish court, to obtain liberty for me, on same conditions 
as Coll. Pendergrass, an Irishman, had his leave last harvest by her 
Majties gracious recommendation not to beare arms or command against 
Sweeden during the warrs, which as I'll readily doe, so I'll cheerfully to 
the last degree be devoted to her Majties interest, and ever be with 
particular gratitude and respect. My Lord, Your Lordship's most 
oblidged and most faithfull humb. servant, Alex"". Gordon." The appeal 
seems to have been ineffectual, for it was only in 1707 that he was 
liberated by exchange. From 1708 down to 171 1 he was engaged again 
in the Russian service, in which he attained the rank of Major General, 
fighting successfully against Poland. While serving there he heard of 
his father's death in 1710, and in 171 1 he returned to Scotland. 

On 24th June 1712 there is recorded a sasine by Major General 
Gordon in his wife's favour, securing her a yearly jointure of sixteen 
hundred merks on the lands of Auchintoul, with the manor-house for her 
jointure house. That same year he added the neighbouring lands of 
Laithers, near Turriff, to the family estate, and later, on 30th May 1715, 
the lands of Elrick, etc., in his native parish of Marnoch. 

He was present at the Michaelmas head court of 1713, held at Banff, 
along with five other barons, but being a Roman Catholic and probably 
averse to taking the oaths of allegiance and assurance, took no part in 
the election of a member of parliament seven days later. 

He opposed the Hanoverian succession, and was one of the principal 
supporters of Mar in the rising of the Fifteen. He was present at the 
hunting party in the Braes of Mar of 27th August 1715, and at the 
raising of the Standard there on 6th September. Thereafter he 
proceeded west, and raised the western clans to the number of 4000, 
and leading them into Argyleshire rounded up the Campbells under 
the Earl of Islay, thus preventing them from joining their chief, the 
Duke of Argyle, who was opposing Mar from Stirling. His junction 
with Mar just before Sheriffmuir placed at the disposal of the Jacobite 
leader a preponderating force, which would have given complete victory 
to James had Gordon been leader. As it was, General Gordon, com- 
manding 4000, with Glenbucket under him, was victorious in his part 
of the line. The supreme command was given to him too late, in 
February 1716, when the Old Chevalier and Mar had fled to France. 
He conducted the retreat of the remanent of the Jacobite forces to the 
north, where they quietly dispersed, Argyle keeping at a safe distance. 
For his share in the Rebellion he was attainted, but owing to his being 
named Thomas instead of Alexander in the act of attainder, his estates 
escaped forfeiture. In 1717 he escaped to France. There and in Spain 



130 RECORDS OF THE COUNTY OF BANFF. 

he eagerly concerted measures for the restoration of the Stuarts ; and 
illness alone prevented him from sailing from Spain with Earl Marischal 
and his ill-starred expedition, which was scattered at Glenshiel in 1719. 
The Jacobite game was now up, so far as he was concerned. 

He returned to Scotland probably in 1725. That year, possibly to 
pay off debts he may have contracted abroad, he mortgaged his lands 
of Auchintoul to James Mitchell of Achanacie, for an advance of ten 
thousand merks, which he repaid in 1729. In 1728 he was admitted a 
burgess of the Royal Burgh of Banff. In the following year the Royal 
Burgh of Cullen similarly honoured itself by admitting him a burgess 
along with the Duke of Gordon and others. In October 1729, like a 
quiet country gentleman, he was interesting himself in the building of 
a new bridge over the burn of Auchintoul. His first appearance in the 
sederunts of the Commissioners of Supply and Justices of the Peace 
of Banffshire was on 30th September 1737. 

He took no part in the rising of the Forty-five. He was, in any 
event, too old for active service. The following reference is made to 
him in the journal of an English medical officer, \\ho attended the 
Duke of Cumberland's army as far north as Inverness during the rising, 
published in 1746, when describing his journey from Strathbogie to 
Banff: — " From this place (Mayen) to Banff the Deveron obstructs our 
way, which with great difficulty and some danger I forded with my 
horse. From hence we come into a country producing scarce anything 
but peat for firing; in this barren spot I passed a good sort of house 
belonging to one Gordon, a very old man, formerly a General in the 
Czar of Muscovy's service, and then had a pretty good road to Banff." 
He died on 31st July 1751, and was not the founder of the village of 
Aberchirder, built on the Auchintoul estate in 1764, and not in 1746 as 
stated by Dr. Cramond. He is buried in Marnoch churchyard, where 
nothing marks the spot. In 1755 there was published in Aberdeen his 
History of Peter the Great, Emperor of Russia, under whom he had 
served. 

Changes in the Suite Roll continued. 

Sir John Gordon of Park dropped out at Michaelmas 171 1, his son. 
Sir James Gordon, appearing in the Pasch roll of 1712. 

Sir Francis Grant, Lord Cullen, with his holding of Quallen,^ 
dropped from the Michaelmas roll of 1714. Under date loth July 1712, 
there is engrossed in the Minute book of Freeholders an interlocutor by 
Nicolas Dunbar, Sheriff-depute, in the tutory of Alexander Grant of 
Bellintome, the tutors being the said Sir Francis Grant and Walter 
Grant of Airndillie. 

' CuUen of Gamrie. 



the election of 1713. i3i 

The General Election of 1713. 

The Whig administration of Marlborough and Godolphin, which 
Seafield had supported, shaken in 1708 by the extrusion of Harley and 
St. John from office, in times of personal royal government, fell in 
1710, when Harley and St. John and the Tories, with Mrs. Masham's 
influence, came into power. Peace with France followed. Jacobitism 
again raised its head higher, and hopes of a Hanoverian succession 
though settled by law, were correspondingly depressed. All parties 
were setting their sails for the general election, which had to take 
place in 1713. In Scotland the policy of the first Parliament of Great 
Britain had been so needlessly exasperating, that when, in 1713, the 
Commons, contrary to the spirit of the union, extended the malt tax to 
Scotland, Seafield, now Earl of Findlater, supported by the whig Duke 
of Argyle, moved in the Lords, on ist June, for an act to dissolve the 
union, and was defeated by a majority of only four proxy votes. In 
the election that ensued, Seafield was dropped from the list of sixteen 
representative peers of Scotland put forward by the government, and 
was not returned to Parliament. 

Production of Charters. 

At the Michaelmas Head Court of 1713, held by Nicolas Dunbar, 
Sheriff-depute, on 2nd October, six freeholders were present, including 
Major General Alexander Gordon of Auchintoul. 

The Shirreff Dept. forsd appoynts and ordeins that intima^ns may 
be issued out against the nixt Pash Court, that then the whole barrons 
in the shyre may bring in and produce ther chartours that it may be 
knowen who are barrons, and who hawe power to wote in elections or 
are capable to elect or to be elected as Commissioner ffor the shyre in 
any ensueing Parliatt. for the futur. Nicolas Dunbar, Dept. 

Tandem the Shirreff deputt w^ and by the consent oflF the abowe- 
named barons prorogat the production of the abowe chartours untill 
the Michaelmess Court nixt in the yeir 1714 yeirs, and ordains and 
appoynts that intima^nes may [be] ishewed att ilk parish kirk of the 
shyre previous to the Head Court, that then ther chartors may be 
produced and considered, and warrands the clerk to ishue intima^ns 
in deu tyme for this effect. 

Election of Glassaugh as Commissioner of the Shire. 
Att Banff the nynth day of October Iajvy& and thirteen yeares in 
a meeting of the barons and ffreeholders of Banff shyre 



132 RECORDS OF THE COUNTY OF BANFF. 

holden by Sr Alex"" Ogilvie of fforgland, Brigadier Grant of 
that ilk, Sr James Abercromby of Birkenbog, Sr James 
Dunbar of Durne, Collonell W™ Grant of Ballindalloch, The 
Lairds of Denlugas, Achynonie, Bog, Edingeith elder, 
Ballnoon, Troup, Collynevar, Kinairdy, Bracco, Kilmminty, 
Carron, Carnousie, and Glassaugh. 

The sds barons and ffreeholders pfit elected Sr Alex"" Ogilvy preces 
and Patrick Leslie shreff clerk of the sd shyre clerk to this meetting, 
the votes of the meetting being collected by Glassaugh former 
Comissioner for this shyre to the last Parliat., as the act of Parliat. 
anno 1681 anent electione of Commissrs for shires does prescrive. 

The sd day Nicolas Dunbar of Castlefield Shreff deput of this shyre 
represented to the ffreeholders pnt that he having receaved a brieff 
from the Chancellary of Great Brittan dated the i8th of August last 
appoynting the Shreff of this shyre cause the freeholders yroff (after due 
notice given them) to choise a representative to the Parliat. of Great 
Brittan called to meett at Westminster on the 12th day of November 
nixt to come, as the sd brieve produced did bear : In obedience qrunto 
the Shreff deput having caused intima°n to the sds freeholders by a 
publict intimatione at the mercat croce of Banff and by intima°nes at 
each parish kirk of the sd shyre on Sunday last, to meett and conveen 
this day and place for choising the forsaid representative and for 
instructing yryt, the Shreff deput produced ane execuone of the 
proclamation at the sd mercat croce of Banff and of the intima°ne 
sent to each parish kirk as aforsd and returned duely indorsed by each 
reader, qch were accordingly read. 

The sd day the above designed Collonell \y"i Grant, and produced 
ane charter under the Great Seall off all and haill the lands and 
barony of Tullocharron, Bellieveill, Drumnagairne, and Aldewin, and 
Aldrich and Kirktoune of Inverawin all lying in the parish of Inveravin 
and shire of Banff, being a pairt of the landes and estate of Ballan- 
dalloch, and that in favours of the sd Collonell W"" Grant dated the 
1 2th of ffebruary 171 1, and instrument of saisin following yron dated 
the 8th day of March and regrat the 26th day of the sd moneth 171 1 
yeareS forsd, and craved the meetting would allow of the sds 
productiones to intitle him to vote in the electione of the forsd 



ELECTION OF GLASSAUGH AS COMMISSIONER OF THE SHIRE. I33 

representative, qch the ffreeholders pnt having seen and perused did 
accordingly allow as craved, and appoynt him to be called in the suite 
rolls of the shyre in place of John Grant of Ballandalloch former 
heritor, whom they ordaine to be scored out. 

The ffreeholders pnt resolve that a roll of electors of members of 
Parliat. for this shyre be made up, and in order yrto appoynt and 
recommends to the Shreff to conveen all the barons and freeholders of 
the shyre to meett at the nixt Michaellmass head court and produce yr 
chartors and saisines giving ym right to vote at electiones, that so 
the said roll may be made u|d and approved by the majority of the 
freeholders who shall compear. 

Thereafter the freeholders piit having first qualified themselves by 
takeing and signing the oaths of alledgeance and assurance to Hir Matie 
appointed by law, and having caused read over the srall acts both in 
Scots and Brittish Parliats. anent the electiones of Commissioners 
from shires to the Parliat, the barons before proceeding to the 
electione doe unanimously resolve and agrie that whoever shall be 
chosen as the representative of the shyre to the insueing Parliat. of 
Great Brittan shall serve gratis wout any expence or charge to the 
shyre, and that the persone elected shall in testimony of his aquiescing 
and consent yrto subscryve to this sederunt. The barons then pro- 
ceeding to the electione, and it being stated in a vote who should be 
elected to be this shyres Commissr, it carried nemine contradicente 
that Alex"" Abercromby of Glassaugh should be elected ; and yrfore the 
sds ffreeholders hereby elect and choise the sd Allexr Abercrombie one 
of yr oune number to be Commissioner from the shyre of Banff to 
represent the same in the sd nixt insueing Parliat. of Great Brittan 
and haill sessiones yrof untill the finall dissolutione of the samen, 
with full power to him to meett act and treat on all things to be 
proponed or agitat in the sd Parliat, as fully and friely as any 
Commissr from any oyr shyre can doe, which they promise to hold 
firme and stable; and the sds barons ordained the clerk of this 
meetting to certifie this electione to the Shreff of this shyre that the 
same may be certified by him in comone forme to the court out of qch 
the forsd brieve issued in due tyme ; and the preces for and in name of 
the meetting have sub^ this sederunt, and the sd Alex"" Abercromby in 



134 RECORDS OF THE COUNTY OF BANFF. 

token of his consent and approbatione of the above resolve 
discharging any expenses to the Comissioner hes also sub^ thir pnts. 

Alexr Ogilvie. 
Alexr Abercromby. 
The Pasch court of 1714 was the last head court of the county 
presided over by Nicolas Dunbar of Castlefield, Sheriff depute of 
Banffshire. 

On ist August 1714, Queen Anne died, and was succeeded by 
George I., Elector of Hanover. 

Appointment of Andrew Hay and Provost Mark as 
Sheriffs Depute. 

On 28th August 1 714, the Earl of Findlater signed at London a 
deputation appointing Mr. Andrew Hay, yr. of Montblairie, and John 
Mark, Provost of Banff, Sheriffs depute of Banffshire. This deputation 
was presented to the freeholders on ist October. 

Banff, Oct. i, 17 14 — Being the head Michaelmes court day, the 
sd day Mr. Andrew Hay yor of Monblere and John Mark Provost off 
Banff presented and produced ane deputa°ne from the Right Honole. 
James Earle off ffindlater etc. Shirreff Prin" of Banffshire, appoynting 
and constituting them as his deputts within the Shirrefdome off Banff, 
and to exerce that office als fully and freely as any other Shirreff dept 
w^in the kingdom does and may doe, and desyred the sd deputa^ne to 
be recorded in the sd Shirreff court books, and took instruments 
theron, and the sd Shirreffs deputts accordinglye did give ther oaths 
de fideli, and did take and swear and synged the oaths appoynted 
conform to law. 

The sd day the abowe Shirreff deputts taking to ther considera^ne 
the badnes of this day w^ the stormines of the weither and distance of 
place many off the gentlemen had to traivell att this tyme, they 
excuse the whole noblemen barrens and gentlemen abowe named for 
ther absence from this head court : Meantym appoynts all of them to 
attend better in tyme to come under the faylies and penalties con- 
tained in acts of Parliat, and appoynts the shirreff clerk hencefurth 
to issue intima°ns that all concerned may hawe notice in deu tyme 
previous to the head courts for the futur. Qron act. And. Hay. 

Jo Marke. 

Followes the deputa^ne on the other padge. 



MR. ANDREW HAY AND PROVOST MARK, SHERIFFS DEPUTE. I35 

Wee James Earle of ffindlater and Seafield, Viscount of Reidhaven, 
Lord Ogilvie of Deskfoord and Cullen, Lord Chanchelor of Scotland 
and Sherriff Principall of Banffshyre doe hereby make nominat 
constitute and appoynt Andrew Hay younger of Monblary and John 
Mark Provest of the Burgh of Banff conlHe and sealhe to be our 
deput and Shirreffs in the sd Shirreffdom of Bamfe, and by thir 
presents we give grant and committ to the said Andrew Hay and 
John Mark coiillie and sealhe, as said is, our full power warrant and 
commission in our absence to hold courts in any place within the 
said shyre, and generally to execute the said office of Shirreff deput 
as fully and freely in all respects as oyr Shirreff deputs within that 
part of the kingdom of Great Brittain called Scotland are in use to 
doe, or what by the laws of Scotland are knowen to belong and 
appertain to the said office, with power allso to them to take uplift 
and receive the dues profites and emoluments belonging to the said 
office of Shirreff depute: Declaring that by yr acceptation of this 
present deputation the sd Andrew Hay and John Mark shall be 
bound and oblidged to receave and obey instructions as wee shall 
give them from tyme to tyme concerning the executing of the said 
office, and this piitts to continow dureing our pleasure alleanerly, 
consenting to the regra^n hereof in the Shirreff court books of the 
said shyre of Bamff yrin to remains for conservaon, and for that 
effect wee constitute James Cock Town Clerk of Bamff our pror &c : 
In witnes qrof wee have subt. ther piitts (written be John Lorimer 
our servitor) att London the twenty eight day of August one thousand 
seven hundred and fourteen years before these witnesses James Ross 
and George Niellson our servitors and the said John Lorimer. Sic 
subscribitur, Findlater, James Ross witness, George Niellson witness, 
John Lorimer witness. 

The General Election of 1715. 

The Parhament of 17 13 was dissolved within six months of the 
decease of Queen Anne, and a new one summoned for 17th March 
1715. Alexander Abercromby of Glassaugh was again elected for 
Banffshire. 



136 records of the county of banff. 

Election of Glassaugh as Commissioner of the Shire. 

Att Banff the twenty fourt day off ffebr seiventeen hundred 
and ffyfteen yeirs. In a meeting off the barrons and free- 
holders off Banffshyre holden att this place by the Lairds 
ffolloweing: To witt Sr Ja. Abercromby of Birkenboug, Sr 
Ja Dunbar of Durn, Allex"" Gairden off Troup, Captain Allex"" 
Abercromby off Glassach, Thomas Donaldsone off Kinnairdie, 
John Innes off Edengeith, Geo Stewart off Boag, John Joass 
off Colleonard. 

The sds barrons and freeholders above named did nominat and 
elected Allex"" Gairden off Troup to be preses to this meeting and 
Burdsbank shirreif clerk to be clerk to the meeting, the wots of the 
meeting being collected by Glassauch former Commissr for this shyre 
to the last Parliatt, as the act of Parliatt. in anno 1681 anent election 
off Commissrs for shyres does proscryve. The said day John Mart 
Provost of Banff and Shirreff dept of this shyre pnted and produced 
to the freeholders present that he haveing received a brieff from the 
Chafirie of Great Brittain dated the siventeent day of Janrj' last past 
appoynting the Shirriff of this shyre to cause the freeholders yrof after 
due notice given them to choose a representative to the Parliatt. of 
Great Brittain called to meet at Westminster on the seventeeth day of 
March next to come, as the sd brieff produced did bear : In obedience 
qrunto the sd Shirriff deput haveing caused intimat to the sds free- 
holders by a publick intima°n att the mercat cross of Banff and by 
intima°ns at each parish church of the said shyre Sunday last to meet 
and conveen this day and place for choosing the forsd representative 
and for instructing yrof, the Shirreff deput produced ane execu^n 
of the proclamaon att the said mercatt cross of Banff and of the 
the intima°n sent to the parish kirks as aforsd and returned duely 
indorsed by the most of the readers. 

Thereafter the freeholders present haveing first qualified ymselves 
by taking and signing the oaths to his Matie King George appoynted by 
law, and haveing caused read over the seall acts in the Scots and 
Brittish Parliat. annent the elections of Commissioners from shyres to 
the Parliatt, the barrons before proceeding to the election doe unani- 
mously resolve and agree that whosoever be chosen as the representative 







By Sl» JOHN 'j> MED ' 



THE FIFTEEN. 



137 



of this shyre to the ensueing Parliatt of Great Brittain shall serve gratis 
without any expence or charge to this sh)Te, and the person elected shall 
in testimony of his acquiesing and consent yrto subscryve this sederunt. 
The barrons then proceeding to the election and it being stated in 
a wote who should be elected to be the shyres Commissioner it carryed 
(nemine contra-dicente) that Alex'" Abercromby of Glassaugh should be 
elected, and therefor the sds freeholders hereby doe elect and choose 
the said Alex"" Abercromby one of yr own number to be Commissioner 
for this shyre of Banff to represent in the sd next insueing Parliatt. of 
Great Brittain and haill sessions yrof untill the finall dissolution of the 
samen, with full power to him to meet act and treat in all things to be 
proponed or adjtat in the sd Parliatt, als fully and freely as any Commf 
from any oyr shyre can doe, qch they promise to hold firm and stable : 
And the sds barrons ordained the clerk of this meeting to certifie this 
election to the Shirreff of this shyre, that the samen may be certified by 
him in common form to the court out of qch the forsd brive ishued in 
due tyme. And the preces for and in name of the meeting has subt 
this sederunt, and the sd Alex"" Abercromby in token of his consent and 
approba°n of the above resolve dischargeing any expenses to the 
Comm'' has also subt thir pntts. 

Geo. Leslye, Cls. Alexr Gairdne, P. 

Alexr Abercrombie. 

The Fifteen. 

Six months later, on 6th September 1715, the standard on the Braes 
o' Mar was up and streaming rarely. Banffshire was deeply involved in 
the rising of the Fifteen, as the following Minutes of head courts of 
Michaelmas 1715, and Pasch and Michaelmas 1716, show. The Duke 
of Gordon was early arrested, and was not out with Mar. His eldest 
son, the Marquis of Huntly, however, was one of the leaders of the 
rising. The Duke died in the citadel of Leith on 7th December 1716. 
The Earl Marischal was early out. Lord Deskford was early arrested 
in Edinburgh, mainly on account of his connexion through marriage 
with the Hays of Kinnoul, some of whom were involved. He was 
liberated after a brief confinement, and really had no sympathy with the 
Jacobites. James Ogilvie, younger of Boyne, now reappeared, and was 
very active in Banffshire under Huntly for the Old Chevalier. Though 
present at the election of Glassaugh in February, and though they 



138 RECORDS OF THE COUNTY OF BANFF. 

took the oaths of allegiance, the baronets of Birkenbog and Durn were 
out. So also were Major General Alexander Gordon of Auchintoul, 
Gordon of Carnousie, Charles Hay of Rannas, Charles Gordon of 
Glengerrock, and others. 

At the Michaelmas head court held on 30th September, 1715, by 
John Marke, Provost of Banff. 

The sd day the Shirreff deputt by reason off the present circum- 
stances, and the confusion the country is in att the tyme, the most 
of the abowenamed noblemen and barons being gone abroad, he 
excuses all of them for ther absence from this Michaelmas head 
court. Jo Marke, Dept. 

At the Pasch head court held on 6th April, 1716, by Mr. Andrew- 
Hay. 

The sd day the Shirreff deputt in respect of the confusiones and 
troubles as yet affecting the countrey, the most of the noblemen 
barrons and gentlemen abowenamed being for the most pairt from 
home and abroad, he excuses all of them as marked and excused. 
Bracco compeired by Allex"" Mill his factor, and Better Gordon off 
Ardmellie personally present. 

At the Michaelmas head court held on 5th October, 1716, by 
John Joass of Colleonard. 

The sd day John Joass of Coleonard the only Shirreff deputt 
present att this head Michaellmes court, in respect of the confusions 
and troubles as yet in the countrey excuses all the noblemen gentle- 
men and barons within and abowenamed as they are marked and 
excused for ther non compeirance att this head court. Compeired the 
Laird of Bracco by Allex"" Mill his factor. 

The rising of the Fifteen would have been a natural period to close 
this chapter. The reason for carrying it on to the year 1722, which 
presents no natural break, is the fact that the Minute Book of Free- 
holders under contribution ends on loth April 1722. 

Changes in the Suite Roll. 

In the Pasch roll of 1717 Lord Deskford appeared for the lands of 
the thayndom of Boynd. 

The Earl Marischal dropped from the Pasch roll of 1718. Next 
year he was involved in the Spanish Jacobite landing in the West of 
Scotland, which was defeated at Glenshiel. 



ABSENT BARONS. I39 

the attendance of the barons at head courts continued very irregular 
and meagre ; and the measures adopted to remedy this at the Michael- 
mas head court of 1717 were of little avail. 

The whilk day the Right Hono^' the Earle off ffindlater as Shirreff 
Prin" personally present sitting in judgement without any deputt ex 
nobili officio excused all the absents [except nine] from this Michael- 
mes head court with this qualitie and prowision : that the absents 
should gratifie the clerk for this ther neglect, and that if any list 
should be drawen qrby deer' or diligence might be raised theron, it 
sould be first communicat to his Lo and authorised by him ; and 
furder the sd Shirreff Prin'i appoynted that hencefurth the shirreff 
clerk should issue intima^nes thorow the whole shyre att ilk parish 
kirk on the Sabbath day preceeding each Pasch and Michaelmes 
head courts, that all concerned may have due notice off each parl^ 
head court day, qrby they may ewite fyneing for ther absence and 
contempt under the pains and penalties conteined in the acts off 
Parliament : Qron act. 

Mr. Andrew Hay enrolled for the Baronie of Itlaw. 

The court of the Sheriffdome of Banff holden within the tolbooth 
of Banff the tenth day of Aprile one thousand seven hundred and 
twentie two yeares by the Right Hon'' James Earle of ffindlater et 
Seafield, Lord Ogilvie of Deskfoord and Sheriff Priiill of the said shire. 

The suites called the court fenced and affirmed. Therafter the 
Earle of ffindlater as Shirreff Priiill withdrew and left the court to his 
deputts. 

Compeared Mr. Andrew Hay of Montblairie who produced a charter 
under the great seal of the lands and barronie of Itlaw and others in 
his favours dated 12th November 1720, with his seasine following 
thereon dated the 17th of December therafter, and desired that he 
might be inroUed in the rolls of barrons and freeholders within the 
countie of Banff, and in respect the lands in which he stands infeft 
extends to above 400 libs of valued rent. Therefore the barrons and 
freeholders present ordained him to be inrolled accordinglie ; and this 
by appointment of Capt. Alex*" Abercromby preses. 

Alexr Abercrombie. 



140 records of the county of banff. 

Election of Glassaugh as Commissioner of the Shire. 

Alexander Abercromby of Glassaugh was again elected Commis- 
sioner for the county on the same terms as at his election in 1715, 
that he would serve the county gratuitously. The following provision 
for making the political views of the freeholders effectual was at the 
same time adopted and minuted : — 

Att Banff the tenth day of Aprile seventeen hundred and 
tvventie two years in a meeting of the barons and freeholders 
of Banffshire holden at this place by the barons following, to 
witt Sir Alexander Ogilvy of fforglen, Baronett, Thomas Grant 
of Airdendillie, James Leslie of Tullich, Andrew Hay of Mount- 
blairie, and Thomas Donaldson of Kinairdy. Sir Alexander 

Ogilvie preses and George Leslye clerk. . 

And its lykeways resolved and agreed upon by the saids barons that 
a committee of the barons and ffreeholders within this county be 
named to draw up and extend such petitions and addresses to the King 
Council or House of Commons as they shall think htt and convenient 
from time to time for the good and interest of their countrey, and that 
the person above chosen representative in the ensueing Parliat. shall 
not only present such petitions and addresses as shall be sent him 
by the said committee or any others of the freeholders within the 
county, but also shall use his outmost endeavour to get the same 
thorrowed, and for that effect they hereby appoynt and name Lord 
Forglen, Lairds of Grant and Bracco, Troup, Kinairdy, Tullich, 
Achynany, Monblary or any five to be a quorum of the said committee : 
Declareing that the above nomination shall be but prejudice of any 
other barron or freeholder within the sd county to meet with vote and 
treat upon anything that shall be agitat by the said commitee with 
rela^n to what is above recomended, and the said barrens hereby 
appoynt the said commitie or any quorum of them to duely intimat by 
missive or uyrways to barrens and ffreeholders within this county the 
preceise day that shall be appoynted by the said commitie for drawing 
up and extending the petitions or addreses so to be sent by them to 
there sd representative in Parliat. 

Alexr Abercrombie. Alexr. Ogilvie. 



CHAPTER II. 

Commissioners of Supply, of Excise, and of the Pole, and 
Justices of Peace, 1661-1718. 

Land Valuation. The Old and New Extent. 

LAND valuation for the purpose of fixing the duties payable by 
vassals to their superiors is probably as old as the feudal system. 
The origin of the valuation of land in Scotland for purposes of 
public taxation is also old and somewhat obscure. For public taxation 
or revenue purposes one of the oldest valuations was that made in the 
reign of Alexander III. in the thirteenth century, to which the name of 
the old extent was given. Interesting references to the old extent of 
several of the land holdings in Banffshire have been given in Chapter I. 
at pages 1 15-16, in the minute of Freeholders dated 6th October 1702, 
The name of old extent was applied long after its institution to 
distinguish it from a newer valuation made in 1474, which was 
known as the new extent. 

Parliament, by the statute of 1474 c. 10, ordained that retours 
should state not only the old extent as heretofore, but the actual value 
of the lands at the time. If, therefore, this law had been systematically- 
observed there would have been on the succession and entry of every 
heir a real valuation of the lands inherited, and on this valuation there 
could equitably have been proportioned the public taxation or supply 
required. The practice, however, was otherwise. After the first 
ascertainment of the new extent, that amount was automatically 
repeated in subsequent retours, being generally stated as a multiple of 
the old extent. Here it may be explained that retour is a Scots legal 
term meaning the return or verdict of the jury serving an heir to his 
ancestor in the possession of the inherited lands. In the retour were 
given the value of the lands according to the old extent when known, 
as well as the new extent. 

The Valuations of 1643 and the Commonwealth. 

After the opening of the Civil War the inequalities between the new 
extent value and the real value of the land of Scotland, which had 
supervened since 1474, were so far rectified. The Convention of Estates 
on 15th August 1643, when imposing a supply to maintain the Scots 
army assisting to suppress the rebellion in Ireland, appointed Commis- 
sioners of Supply for the various counties with Conveners, and directed 



142 RECORDS OF THE COUNTY OF BANFT. 

them " to use all legall ways to informe themselffes of the just and trew 
worth of every personne or personnes thair present yeares rent of this 
crope and yeir 1643 to landward as weill of lands and teinds as of any 
uther thing wherby yeirlie proffeit and commoditie aryseth." This 
entailed a new valuation of the land of Scotland in counties and 
parishes according to rental. 

During the Commonwealth cess or land tax was imposed by two 
acts of Cromwell's Parliament ; and on every shire in Scotland was 
allocated a certain quota, which was apportioned by County Com- 
missioners amongst the heritors of the shire according to the rates at 
which their lands were valued, and collected by a county collector. 
The following letter and minute of meeting of the heritors of Banff- 
shire,' recovered by Dr. Cramond, Cullen, otherwise interesting as 
showing that the guard of the shire was a burden upon the feudal 
owners of the soil, illustrate the difficulty of carrying out an equitable 
revaluation of the lands of a county unless it were done for the whole 
shire : — 

Col. Ashfield to the Gentlemen of Banffshire, 1653. 

These for the Gentlemen of Bamfeshire present : Gent*", There 
being an necessitie of a watch for securing those parts in your shire 
which ly neare the highlands from the incursion of those looss people 
which dayly breake downe upon them doeing great spoyle and carying 
aw ay much goods : And I haueing receaved instructions from Collonel 
Lilborne to lay the charge upon the whole shire I thought good to 
acquaint you therewith that you might make choyce of a fitt and able 
person for that imployment and to agree with him at as chepe a rat as 
you can. When I understand what his monthly allowance shall bee 
the collector shall receave an order to lay the charge equially upon the 
whole shire, and to collect it with his sess. The governor of Belveney 
with the gentlemen in those parts whom it most concerines as to 
securitie hath represented Capt. Petter Gordon = as a man fitt and able 
for that charge, and if hee be thought soe by them I supose the rest of 
the shire will not opose, and therefore I desire he may be the man 
imployed in that busines, which is all from, Gentlemen, your assured 
servant, R. Ashfeild. Aberdene this 30th of Appl '53. 

I likewise desire those six parishes near Belveny may be considered 
for there extrordinary charge this winter to that garrison. — R. A. 

' "Scottish Notes and Queries," and Series {1900), Vol. IL, pp. 42-44. 
' Laird of Laichie (Dufftown). 



guard for and revaluation of the shire. i43 

Appointing a Guard for and Revaluation of the Shire, 1653. 

At Banff the secund day of December I^VI^ and fyftie three year 
conveened the heretors and gentrie of Banffshyr: George Lord Banff, 
Sir Alexander Abercromby of Galcorse, knicht, Thomas Stewart of 
Ryland, Mr. Alex"". Douglas of Downies, Shereff, Peter Meldrum of 
Lichnet, Patrik Stewart of Brydachmylne, Walter Ogilvye of Raggell, 
William Lawtie of Myrehous, George Abercromby appearand of Skeyth, 
Thomas Joss in Hiltoune of Blairshinnoch, James Basken, Collector of 
Shyr, Alexander Urquhart of Dunlugas, Jhone Ogilvie yr of Kempcarne, 
Walter Ogilvye of Baldavye, Mr. Walter Innes of Auchluncart, George 
Mortimer of Auchinbadie, Jhone Gardyne of Tarlair, Alexander 
Wynchester of Stonieley, burges of Banff, James Stewart of Monblet- 
toune, Gilbert Mair of Awalds, George Stewart, chamberlane of Boyne, 
and Frederick Ogilvye, chamberlane to the Lord Deskford. 

The said James Basken, collectour, haveing presented ane letter and 
order from Coll. Lilburne and another relating therto from Collonell 
Ashfeild appoynting and ordering ane guard or watch to be appoyntit 
for the shyr as abefor, the preses causit read the saids letters and order 
direct from the saids commanders in cheef, which being proponed to. 
the said conventione they all in ane voyce accordit and consentit to the 
establishing of ane new guard or watch for the said shyre, but being 
informed be the said James Basken that Captain Patrik Gordone, late 
captane of the said watch, had refused to undergoe the said task, which 
wes also asserted be the said John Ogilvye appearand of Kempcarne, 
who declaired that the said Captaine Patrick Gordoun had declaired to 
him he had refuised to undertake the said charge, and because the saids 
heretors could not find ony fitting or able persone nor ony willing to 
undertak the said charge : Thairfor vntill ane able and fitting persone 
to the said charge and willing to vndertak the same they could not 
proceed forder therin nor nominat ony one till they find one able and 
willing to vndertak, and ordaines an order to be sent be the said James 
Basken to the said Captain Gordon to understand of himself whither 
he will accept or refuise the said charge : And conforme to this procedur 
ordainis that ane letter be sent from the preses of the said comittee to 
Collonell Ashfeild anent the diligence of the shyr and the procedur 
theranent as said is. 



144 • RECORDS OF THE COUNTY OF BANFF. 

The said day anent the act for revaluatione of parochines within the 
sheriifdome of Banff conforme to the act of last conventione compeered 
Major Walter Ogilvye of Raggell presented the said act with ane 
valuatione conforme therto, and also Patrik Stewart at the mylne of 
Brydack presented the lyk act and ane new valuatione conforme therto 
desyring the samen to be admitted and accepted. Compeered Alex"". 
Urquhart of Dunlugus, Sir Alexander Abercromby of Galcorse knicht, 
Jon Ogilvye appearand of Kempcarne, Walter Ogilvye of Beldavy, 
and William Lawtie in Myrehous and alledgit the conventione of the 
heretors had no power nor authoritie to give order for revaluatione of 
particular parochines, and that the conventione of the shyre for the tym 
having no warrand or auctoritie for that effect the procedur and revalua- 
tione following therupon wes null. Quherupon the said Alexander 
Urquhart of Dunlugus, Jo" Ogilvye appearand of Kempcarne, Sir Alex^ 
Abercromby, William Lawtie, Walter Ogilvye of Baldavie protestit 
againes the same revaluatione of particular parochines and protestit for 
nullitie theroff, and the said Patrik Stewart, Major Walter Ogilvye and 
Thomas Stewart of Ryland protested that the former act of the last 
conventione sould stand and be effectuall. 

A. Douglas, preses. 

Commissioners of Excise, i66i. 

Hitherto in Scotland land had been the main basis of taxation. With 
the Civil War a revised and broader basis of taxation was introduced. 
When the supply from the land tax proved insufficient to maintain the 
government of the country, other expedients were resorted to. One 
early measure was the imposition of excise duties. After the Scots 
army had been in the field for a somewhat protracted period, an excise, 
over and above the custom duties then levied, was imposed in 1643 to 
raise funds to pay the soldiers. The list of excisable articles was a long 
one ; and collectors and surveyors were appointed by the Committee of 
the Estates to collect the revenue. To clear off arrears of army pay 
an excise was again imposed in 1645 ; and on this occasion local 
arrangements were made for its collection, by magistrates in burghs 
and by elders and deacons in landward parishes. These collectors 
accounted to county collectors appointed by the central commissioners 
of excise. Ten per cent, of the income was set apart to defray the 
costs of collection, and for burghal and parochial public and charitable 
purposes. 



THE VALUED RENT OF 1667. .I45 

At the Restoration on 22nd and 29th March 1661, an annual 
excise of ;;r40,ooo stg. was voted the King for life. This sum 
was apportioned amongst the various counties for monthly payment. 
The quota imposed on Banffshire and the two burghs within 
the same was £z^7 3^. Scots monthly. For regulating, ordering and 
uplifting this excise, commissioners^ were appointed for the various 
counties. The Commissioners for Banffshire were William Earle of 
Marishall, Earle of Findlater, Walter Ogilvie of Boyne, Sir John 
Gordoun of Park, Sir Alexander Wrquhart of Dunlugus, William Innes 
of Kinnermonie, Master John Abercrombie of Glassoch, George 
Gordoun of Thornbank, Alex''. Garden of Troup, James Innes of 
Auchrosk, Sir Alexander Abercrombie of Birkenboig, William Dalgarno 
of Blackwater and Alexander Ogilvie of Kempcairne, the Proveist 
and Baillies of the toun of Banff for the tyme being, and the Baillies 
of Cullen for the time being. 

The Commissioners were empowered to elect their own convener, 
collector and other officials except the clerk, who was named by the 
Clerk of Register. 

The Valued Rent of 1667, and Commissioners of Supply. 

Toward the end of the first Dutch War, the Convention of Estates 
on 23rd January 1667, voted a supply of seventy-two thousand pounds 
Scots monthly for twelve months to " provyde all suteable remedies 
for defence of the kingdom against all forraign invasion." When 
voting this new supply to the King, the Estates enacted that the 
County Commissioners then appointed should value all lands, including 
Church lands, according to their real value, for the purpose of 
assessing and proportioning the supply thereon. This valuation, known 
as the valued rent, remained fixed and stereotyped for long, and was 
the basis on which not only the land tax was afterwards levied and 
paid to government, but on which county local taxation was raised. 
As time passed, the inequalities of this valuation increased ; but it was 
only superseded as a basis for most purposes of local taxation by the 
Valuation Act of 1854, which enacted yearly valuations of heritage 
based on actual current rent or value. 

The valued rent fixed in 1667 superseded the old and new extent 
and the valuation of 1643. The various counties of Scotland were 
separately valued, and the heritors were entered in county cess rolls 
according to their cumulo valuations in the various parishes. When 
Parliament voted a supply to the King, the total sum was named in the 
act, and was proportioned amongst the counties and royal burghs 

' The Acts of the Parliaments of Scotland, Vol. VII., p. 93. 
T 



146 RECORDS OF THE COUNTY OF BANFF. 

according to their valued rent. The sum thus proportioned on any 
county was then levied on the various heritors according to their valued 
rents. Before 1667 the collection of land tax in counties was carried 
out by officials of the crown appointed in terms of the various acts of 
supply, usually the Sheriff or collectors and sub-collectors. In 1667 
and after, the collection was made by the Commissioners of Supply 
named for the various counties and , by the magistrates of royal 
burghs, the collectors being appointed by them. To ensure payment 
the acts of supply authorised the quartering of soldiers on defaulting 
heritors until the deficiency was thus wiped out. Commissioners of 
Supply were from 1667 until long after specifically named in the 
various acts of supply. Their Convener also was sometimes named in 
the act, and if not he was elected by the Commissioners. His duty 
was to call meetings, and though he usually presided, he did not 
necessarily do so. There are instances in Banffshire of another 
Commissioner presiding, though the Convener was present. 

In addition to the members of the Scots Privy Council and the 
Senators of the College of Justice, the following were appointed bv the 
act of 1667 Commissioners of Supply to apportion and collect the sum 
of ^^1150 4s. Scots monthly, allocated on the Shrifdome of Bamf ^ : — 
Earle of Finlater, Lord Bamff, Sir Alex^ Wrquhart of Cromertie, Sir 
Patrick Ogilvie of Boynd, Sir James Baird of Auchmedden, Sir Alexander 
Abercrombie of Birkenboge, James Gordon of Rothemay, John Ogilvie 
of Kempcairne, Mr. John Abercrombie of Glashaugh, Mr. Walter 
Innes of Auchluncart, John Gordoun of Thorniebank, W"". Ro^sone of 
Newsead, Thomas Ogilvie, chamberlane to the Earle of Airlie. 

As the land of Scotland liable for this supply was already under 
other public burdens, the statute of 1667 enacted that, with certain 
exceptions, the inhabitants of the various shires should pay a graduated 
poll tax for the relief of the heritors paying the land tax then imposed. 
Gentlemen and their families were to pay £6, tenants ^^4, tradesmen, 
cottars and servants 20 shillings, all Scots. This measure of relief, after 
being more than once resorted to again, in the reign of William III. 
developed into an independent poll tax for revenue purposes. 

Commissioners of Supply, 1670. 

A supply of £360,000 Scots voted to the crown on gth August 1670 
for five years was imposed on the valuation of 1667. The Commis- 
sioners for the shire of Bamff^ were — The Marquess of Huntley, the 
Earle of Findlater, David Lord Ogilvie, the Master of Saltoun, Sr 
Patrick Ogilvy of Boyn, Andrew Watson of Pethhead, Sir Alex'". 

' The Acts of the Parliaments of Scotland, Vol. VII., pp. 543-4. 
"Ibidem, Vol. VIII., pp. 221-9. 



LEADERS OF HORSE IN BANFFSHIRE. I47 

Abercrombie of Birkenboig, Sr James Baird of Achmedden, Sr Hary 
Guthrie of Kingedwaird, James Gordoun of Rothemay, John 
Gordoun yor. of Rothemay, John Ogilvie of Kempcairn, Walter 
Ogilvy of Ragwell, George Gordoun of Thornybank, Mr. John Aber- 
crombie of Glassa, James Baird yor. of Achmadden, George Gordoun 

of Edinglassie, LesHe of Kininvie, Hay of Rannes, 

Anderson of Westertoun, Alex"". Hay of Arinbath, Alex^ Ogilvy of 
Forgland, Alex*". Duff of Braco, Alex^ Gordoun of Arradoull, Alex^ 
Gairn of Troup, George Keith of Northfeild, John Innes of Edingeich, 
Mr. John Lesly of Tulloch, John Campbell of Friertoun, Alex"". 

Abernethie of Achincloich, Lauchlan M<=intosch of , William 

Leslie of Burdsbank, the Laird of Achmedden Shirreff Prin". or his 
depute to be Conveener. 

Leaders of Horse within the Shire of Banff. 

The following list ^ of leaders of horse within the shire of Banff, 
to be commanded by the laird of Philorth, younger, ^ will find later 
parallels in county administration, local Commissioners of Supply and 
of Militia dealing with these military matters within the county. The 
second minute of 6th January 1697, in the oldest extant county minute 
book, deals with a similar levy of Horse Militia. The date of this list 
seems within the years 1668 and 1685, probably between the years 1679 
and 1681. Philorth, yr., became possessed of the superiority of 
Balvenie, Banffshire, in 1668, and the Marquess of Huntly became 
Duke of Gordon in 1685. Keith of Northfield was enrolled a free- 
holder in 1679, ^^^ George Gordon of Edinglassie was knighted in 
1681 :— 

The Marques of Huntlye - - - 3 
The Earle off Marshall ... 2 

The Earle of Airlie - ... 2 

Ladye Huntlye 2 

The Earle of Findlater - - - 5 

The Earle of Aboynde - - - i 

The Lord Banff 3 

The Laird off Boynde - - - - 2 
The Laird of Birkenboge - - - i 
Johne Gordone off Auchyndachie - - i 
Walter Steuart of Boge - - - i 

Alexr. Gordone of Auchintowll - - i 

' "Scottish Notes and Queries," 2nd Series, Vol. III., p. 184. 
' See page 12. 



148 



RECORDS OF THE COUNTY OF BANFI'. 



Sr. James Baird of Auchmedden • 

Sr. Johne Gordone of Park - 

Johne Hay, Tutor of Rannas 

Johne Gordone of Buckie 

George Gordone of Thornebank • 

Alexn Gordone of Glengarock 

James Gordone of Rothemey 

The Laird of Philorth - 

Major Ogilvye . . . . 

Adam Duff of Drumuir 

Kinminetye younger 

The Laird of Troup 

The Laird of Pitlurge - 

George Gordone off Edinglassie • 

John Ogilvye of Milnetoune 

George Keith of Northfield - 

The Laird of Kempcairne 

John Leslye of Kininvye 

Lady Park, elder - - - . 

Lord Harie Gordone 

James Andersone of Westertoune 

James Ogilvye off Neitherdaill 

Summa 



46 



Commissioners of Supply, 1685. 

The first Parliament of James IL in 1685 voted an eight months 
cess yearly during the King's lifetime, amounting to ;^2i6,oqo Scots; 
and new Commissioners of Supply \Nere appointed in the various 
counties to order and uplift the same. > The Commissioners for the 
Shcrriffdome of Bamff were: — The Duke of Gordon, the Earle of 
Airlie, the Earle of Finlator, the Lord Oliphant, the Lord Bamff, 
Sr. Patrick Ogilvie of Boyn, Sr. James Baird of Auchmedden, 
Sr. George Gordon of Edinglasse, the Laird of Troop, George 

Kieth of Northfield, Sr. Henry Guthry of Kinedward, Grant 

of Denlugas, Walter Stuart of Bog, James Ogilvie of Poldavie 
[Baldavie], Thomas Ogilvie in Bogtoun, Alexander Hay of 

' The Acts of the Parliaments of Scotland, Vol. VIII., pp, 463-471, 



COMMISSIONERS OF SUPPLY, 1685. I49 

Arnbath, Mr. John and Alexander Abercrombies elder and younger 
of Glassach, George Gordon of Thornybank, Patrick Gordon 
of Claistirum, Alexander Gordon of Glengerrack, John Ogilvie of 

Kempcairn, Ogilvie younger of Kempcairn, Innes of 

Edingeith, of Kilmachlie, Anderson younger of Wester- 

toun, John Grant of Ballendalloch, the Laird of Park Gordon, 
Provost Stuart, Baillie P'ife, Baillie John Gordon, the Laird of Grant, 
Patrick Grant of Elchies, Alexander Duff of Keithmore, John Gordon 
younger of Edinglassie, Alexander Duff of Braco, James Gordon of 

Camdell, Patrick Stuart of Tannachie, Hay of Raneis, John 

Gordon of Baldornie, Francis^ Gordon of Auchintoul, Ogilvie of 

Cantly, John Gordon of Achinachie, John Gordon of Rothemay, John 
Gordon of Dallochie, the Duke of Gordon Conveener. 

June 15, 1685. — Ordered 2 that the Sherif deputs for the tyme being 
heritors shall be Commissioners for the Supply, and one of the bailzies 
of the burghs royall within the shire, where the burgh pays cess with 
the shire. 

In the absence of the Minutes themselves, which do not begin 
until 1696, correspondence regarding county administration contained 
in letters from the Seafield charter room at Cullen House from the 
year 1685 onwards may be of interest, as indicating the kind of county 
business then engaging attention, and the noblemen gentlemen and 
officials who undertook it. 

Next letter shows that George Leslye of Burdsbank was county 
collector in 1685. When collated with letters of 1687 it shows 
that the Commissioners of Supply were moving against the Earl 
of Airlie, stepfather of the Duke of Gordon, to pay up as a cautioner 
a deficiency of his chamberlain, Thomas Ogilvie, Provost of Banff, 
presumably a collector of cess before Leslye. As a result of the 
deficiency a party was quartering on the shire. 

ffor the Right Hono". Earle of ffindlater thes. 

Banff, Sepr. 23 — 85. 
My Lord 

As I promised in my Ladies letter I wrote last day, so 
now your Lop sail know that this morning I took occasione to waitt on 
my Lord Airly and kiss his hands, and \\es all alon wt him ane pretty 
good space in his garden, qr wee had ane tuch of shyres effeirs. I find 
him, to tell your Lop the ingenuous truth, efter his old maner and way, 

' Mistake for Alexander, see p. 87. 

*The Acts of the Parliaments of Scotland, Vol. VIII., p. 661. 



150 RECORDS OF THE COUNTY OF BANFF. 

ffor delayes, and sayes iff the Commrs be so pressing he hops they will 
giwe him some breathing tyme to take cours in it ; and I perceivve 
inclynes much to hawe things staved off till Duke Gordon come doun, 
and yet I apprehend he may expect little to be done that way, ffor he 
sayes he thinks Duke Gordon will doe much to pay his shair. I ffound 
he declynes the payt off the moe dew to me adwanced by the Commrs 
order, and I beleew iff he can will declyne all. This is ane short 
account off qt wes amongst us as to thes things. Iff I had been able 
to hawe crost ane hors I wold hawe waited on your Lop and told yow 
all mor particularly. It is wery ffitt and necessary your Lop keep heir 
on ffryday, and iff yow keep nott all may goe wrong both as to yourself 
and others, who depends upon your Lop ; and since ye wes att the last 
meiting your Lop is now concerned to be att the nixt meiting allso, till 
thes things be settled. He looks pretty weill. Its titt your Los wold 
acquant Thornibank to come in with yow, as allso the baylies off Cullen 
to appear ffor ther interest, [so that] the right manadgement off thes 
things wold be speedily ordered, lest ther should aryse thoughts in 
procureing ane call ffor remoweing the pairty. I am in all sincerity 

and duty, 

My Lord, 

Your Los. wery affec°nat and oblidged serwant, 

Geo. Leslye. 

Meeting of County Justices of Peace, 31st Dec, 1685. 

Next letter from the Sheriff Principal, Sir James Baird of Auch- 
medden, shows that a meeting of the County Justices of the Peace 
was held at Banff on 31st December 1685 • — 

ffor the Right Honourable the Earle of ffindlater thes. 

Auchmedden the 25 Dec^ 1685. 
My Lord 

I should be very willing to wait upon your Lop any where 
yee disine, but being preingaged to be at this place on thursday nixt 
befor night, and since find by your Lops letter, and be the acts of 
Parliment there will be a nessestie that there be sume Justies of Peace 
present, and that it is most convenient that they meet a Banffe, and 
therefor I disire your Lop may be pleasted to meet there, where I shall 



COMMISSIONERS OF SUPPLY, AND HIGHWAYS, 1686. 151 

attend your Lop ther the last instant, God willing, befor a eleaven a 
cloak, and shall call sume Justices of Peace to meet there, there being 
sume things to be dispatched there also that day, w^^ your Lop will 
find neisessarie. I disire the meeting may be the sooner that what 
your Lop principally intends may be dispatched befor the meeting. 
Mr. Kerr may also com alongs and sume of the Justies of Peace out of 
ffordyce parish, such as your Lop thinks fit to call. So presenting my 
humble services to my Lady, I am. 

My Lord, 

Yor Lops most humble s [ervant] 

James Baird. 

Writing^ from Edinburgh on 27th May 1686, George Leslye informed 
Findlater that " There were 5 acts yesterday tucht by the sheptore, the 
act anent the summer sessione . . . and the act anent his Majesties 
supplie." 

Commissioners of Supply, and Highways, 1686. 

As county government evolved, the Commissioners of Supply, 
though primarily the authority for apportioning and collecting supply 
for the national government, had duties placed upon them in county 
administration which increased as time went on. Though not originally 
authorised to impose and collect the assessment limited to los. Scots 
on every ;irioo Scots of valued rent, which under the Highways Act 
of i66g the Justices of the Peace of the county were authorised to 
impose annually on the first Tuesday of June on the heritors of the 
shire for the upkeep of the county roads and bridges, it is probable that 
such assessment, if any imposed in early times, was imposed and 
collected through the clerk and collector of the Commissioners of 
Supply. At any rate, under the statute of 1686, the Commissioners 
of Supply were conjoined with the Justices of the Peace as the county 
authorities for the management of roads. 

The Duke of Gordon and Collector Leslye. 

The Convener of the Commissioners of Supply, the Duke of 
Gordon, as became a kinsman of the period, supported Airlie's dilatory 
pleas against the claims on him as cautioner for Collector Ogilvie ; 
and tried to render as uncomfortable as possible the position of 
Collector Leslye, who had the thorough going support of the Earl of 
Findlater. That nobleman, though not frightened at the "griamase 
of a great man," was so hard up as to have to borrow a hundred 

' Seafield Correspondence (Scot. Hist. Socy.), pp. 27-8. 



152 RECORDS OF THE COUNTY OF BANFF. 

merks from the collector before he could go about his affairs. Like 
most noblemen of the period the Earl of Findlater was chronically 
impecunious. At this time his son, James Ogilvie, a young advocate in 
Edinburgh, was endeavouring to cut through his father's pecuniary 
entanglements. Writing^ on 5th January 1686, he says, "I doubt bot, 
if you so consider your condition, you will be diligent in endeavouring 
to provid money against the nixt terme. If you Lo. could assure us of 
money att the terme, I would immediately goe treat with all your 
creditors, for I find them worse to setle with then the}- wer the last 
year ; and I am affraid they grou alwayes the longer the worse." 
There was then nothing scarcer than money in Scotland. Findlater's 
poverty is seen in his inability to pay the Government cess, and the 
quartering of troops on his estate in consequence, referred to in the 
collector's letters of ist June 1687. 

ffor George Leslie of Burdsbank 
the 29th of Septr —686 
Honored Cussing 

I had ane full and warme debeat with duke Gordon on 
your account. The particulars this letter can not contean, I com- 
missioned Master Innes your minister to communicat to you, which I 
belive he hes don. I shall nou only say this, it wear fitt many of vour 
friends wear advertised to keep the mitting wher they shall heave litle 
to doe but second me, for I shall not only debeat with his Gr'^*', butt doe 
all can be said is fitting for one that appears for his friend above 
board, and lett others aiether retract ther subscriptions or conceall 
ther frindship to you, min shall publictly appear, not being in the least 
to be frightned with the griamase of a great man. If ye thinke fitt to 
speake with me or the mitting, ye must doe it on Munday once in the 
day. I intreat you send me that hundereth merks ye promised, for till 
I gett it, I can not so much as goe about my ouen afaiers in this same 
countrie. So wishing all your friends to be als reall to you as I shall 
be, I shall add no mor but that I am 

your reall and oblidged friend 

FFINDLATER 

24 Septer 86 
annsred on this ter 100 merks to Andrew. 

' Seafield Correspondence (Scot. Hist. Socy.), p. 16. 



commissioners of supply, 1687. i53 

Meeting of Commissioners of Supply, 1687. 

ffor the Earle off ffindlatter these 
Banff 12 ffebry — 87 
My Lord 

I shall defeer much of our yesterdayes meeting to be told 
yow by Baylie Ord.^ Howewer I found my selfe oblidged to nottice 
your Lops concerne and to owne your intrest. The two thousand 
pund is devyded amongst the fyftein Comissrs of the Excysse, wherof 
your Lops pairt is 200 merks, ffor which I have vndertaken in your 
name. They thought ffitt to exeeme the [absents(?)] ffrom this of 
purpose, that all the rest might Mick closs togidder to concurr for yr 
joynt releiff ; and they have ordred me to direct the party vpon all the 
Comssrs who were absent, except such who have subscryved the act. 
I purpose to wait on your Lop on Munday next, so till then and 

allwayes I am. 

My Lord, 

Your Lops werie affectionat and most humble srvant, 

Geo. Leslye. 

ffor the Earle of ffindlater these 
Banff 25 Merch — 87 
My Lord 

The present exegencie and circumstances of the Shyres 
affaires calls for ane meeting, whereof I am deseired to acquant the 
Comissioners that they may punctuallie keep Tuesday next the 29^^ 
current be ten acloak, that inspectione may be taken of the shyres 
effairs, and of this I thought fitt to give your Lop nottice that ye may 
keep the forsd appoyntment ; and as your presens is necessarie so it is 

lykwayes deseired by. 

My Lord, 
Your Lops werie affectionat and most humble srvant 

Geo. Leslye. 
My Lord 

Thes above are the draught off the publict letter I 
hawe giwen to the Commrs. Edenglassie^ wreit to me yesterday to 

' Ord of Findochty, Bailie of CuUen. 

^Sir George Gordon of Edinglassie, Joint Sheriff Principal of Banffshire, 

U 



154 RECORDS OF THE COUNTY OF BANFF. 

conveen the Cominrs against Tuesday nixt, and feared he might be 
blamed ffor delaying so long, ffor I wrote to him something of your 
Lo^ opinion, and that things might hawe been delayed till Boynds 
northcomeing qch he thought wes uncertein and dilatorious ; so iff your 
Lop thought it convenient, I think it necessary ye keep the meetting; 
and howewer iff I can I sail labour to wait on your Lop tomorrow or 
Sunday prewious to the meeting, ffor truly I resolve to be on guard wt 
them all, and to be rady to clear accounts, but am as yet ignorant and 
knowes not weill qt to doe as to your Los concern, qch wold hawe done 
better if Boynd had been att home. I hawe wrn to my Lord Desk- 
foord and hes sent him Androw Thomsons letter to me with his owen 
account, all qch I desyred might be communicat to your Lop by your 
sone. 

ffor the Earle of ffindlater. 

Banff ij May — 87. 
My Lord 

As I gave yow the trouble of ane lyne yesterday, so by 
James Baird I thought ffitt to acquant your Lop with Edinglassies 
returne to me which was and wreats, since the duke is not to be pn' 
himselfe, he hes appoynted the meeting to be called to meet at this 
place Wedensday next the i8th current, and leaves it to myselfe and to 
take Boynds and Auchmeddens yr advyse whither I shall acquant the 
Comissrs only or Comissrs and Hereturs ; but I think the Comissrs are 
sufficient. And seeing Boynd went to Buchan yesterday I have sent 
doune ane lyne to him and Auchmedden comunicating the samen to 
them, and as I have ane ansr from ym, so accordingly I am to ishue out 
the intimations wherwith your Lop shall be heirafter acquanted by, 

My Lord, 
Your Lop werie affectionat and mosf humble servant 

Geo. Leslye. 
My Lord 

If your Lop ffortune to see my Lord Airly after recept 
of these, and chance to ffall on any discourse to this purpose, I think 
your Lop may tell him that its werie fitt that he keep the meeting, ffor 
I apprehend he may take jorney south befor yt tyme and befor the 
meeting. I think it is necessarie yt yor Lo. my Lo. Boynd and I meet 
at some place some day befor the meeting. 



ARREARS Of CESS, 1687. I55 

8 May —87. 
Much Honored 

Since my Lord Airlie deseirs ane meeting of the shyre 
I know not how it can be reffuised to call on when you please. But I 
wish that every on may get fair play. I know nothing of new from 
Edenborow saiff yt . . . . hes a lewtenandrie in Dunbartons 
regiment. 

I am, 

Your werie affectionat cussein and serwant 

GORDONE. 

ffor the Earle off fiindlater thes. 

Banff i Junij — 87. 
My Lord 

I am exceedingly sory to give your Lop ane letter of 
this strain. Ye shall not have reason to question my duty or affectione 
towards your Lop, yet its als hard for me to suffer for my kyndnes. 
Your Lop knowes in what circumstances I now am, and most cleir 
with als I have yet keept your Lops name vnlisted to any pairty since I 
hade publict imployment, but now pardon me I can fforbeare no longer 
since I am so concerned, and I shall intreat that your Lop would 
speedellie order the peyment of what ye rest to the publict, els certainly 
vpon ffryday next I most direct the pairty vpon your Lop and your 
lands ; and if you please to comunicat to me such tenents as you think 
fitt I should name to the pairty, acquant me yrwith, els vndoubtedly the 
pairty will come to your owne . This is contrarie to my 

inclinatione, but they say necessitie hes no law. I shall leave these to 
your consideration waiting your Lops returne, and I am, 

My Lord, 
Your Lops werie affectionat and most humble serwant 

Geo. Leslye. 

Process against Collector Ogilvie's Cautioners. 

The five next letters deal with the process instituted regarding 
Collector Ogilvie's deficiency and his cautioners' liability to the county 
therefor. 



156 Records of" the county of banff. 

For the Earle of Findlater. 

Edr July i, 1687. 
My Lord 

I received the honour of your Lo. letters which you sent 
with Burdsbank and Mr. Cuming, and did in obedience to your Lo. 
comands communicat them to my Lord Boyn, and it was both his 
opinion and mine that wee should not straitne Burdsbank att this time, 
and therfor I have taken from him ane thousand and seventeen pounds, 
and he is att my Lord Boyns northcoming and mine to hold compt to 
your Lo. for the superplus of the money, att which time my Lord 
Boyn and I will consider the article annent the deficiencie. Wee have 
presented ane petition to the Lords of the Thresurie creaving that their 
former act which ordered quartering uppon the cationers of Provest 
Ogilvie might be rene\\ed. The petition will be presented this day, 
and your Lo. shal have ane accompt of what is done in it by the nixt 
occasion. . . . 

I am, 

My Lord, 
Your Lo. most obedient sone and most humble servant 

Ja. Ogilvie. 

ffor the Earle off ffindlater thes. 
from Abd to Banff. 3d. 
To the speciall care of Mr. Patrick Innes, Minister at Bamff. In haist. 

Edr. July 2, — 87. 
My L6rd 

Referring much to your sone Mr. James his relaone, I sail 
only out of duty giwe your Lop thes hreifly, qrby ye may know I hawe 
deliwered to Mr. James your sone vpon your Lbs account 1017:10s. o8d. 
qch is the just moe ower your Lo^ account to me, qfin ther are some 
articles delayed till all off us come north. The Shyres bussines is 
consulted, your sone and Mr. Geo. Banerman for the Comfiirs, and Sir 
Dawid Thors and Colt ' ffor the tuo caurs. Your sone and I hawe been 
thorow many off the Lords off Excheqr, who says they find the desyre 
erf our bill rationall and just. My Lord Airly hes gotten it to ansr 

' Sir Kobflrt Colt and Mr. Banerman, SuHcitors to his Nfajesty— Fountainhall's Chron. 
Notes, p. 230. 



PROCESS AGAINST COLLECTOR OGILVIE's CAUTIONERS. I57 

against the nixt Excheqr day qch is ffryday nixt; so being in hast, the 
post going off, till ane other occasione this sail be all from, 

My Lord, 
Your Los wery affec°nat and oblidged serwant 

Geo. Leslye. 

Park made ane strange clamour anent his quartering. Nothing 
would servve bot I behoowed to be befor the Counsell. I shall be glad 
if it be so. Att meetting your Lop sail know qt freedom I used w^ the 
Duke off Gordon, and yet wt deference to his qualitie. I wes just now 
wt the Register who is wery ciwill and kynd to me. The Generall had 
all most fforgot he gawe any such warrand to Mr. Simson for not 
quartering on Airlys and Banff caurs, so that hes been only ane 
complement and . . . bot ane other tyme will produce the ewent off yt 
effeir ; and so I bidd your Lop hartily fareweill : I giwe my humble 
duty to my Lady to my Lord Deskfoord, and to all your Los family. 

For the Earle of Findlater 

Abd. to Banf in all haste. 3d. 
To the care of the Minister of Bamff. 

Edr. Jully the 20th 1687. 
My Lord 

. . . The Shires business befor the Lords of the Tresurie 
hes been called and the Duke of Hamiltoun was very friendly in it, for 
which your Lo. ones him thanks. Ther is nothing as yet done in it, 
bot by the nixt occasion your Lo. shal hear what is done. . . . 

My Lord, 
Your Lo. most obedient sone and most humble servant 

Ja. Ogilvie. 

ffor The Earle off ffindlater thes. 

With cair from Abd to Banff. 3^1. 
To the care of the Minister of Bamff. 

Edr July 23 : 87. 
My Lord 

. . . Our Excheqr l>ussines is not as yet discust. It hes been delayed 
ffor causs and considera°ns knowen to my Lord Boynd and to your 



158 RECORDS OF THE COUNTY OF BANFF. 

sone, qch cannot be so fully committed to paper, only ther are desings 
ffor getting Airlys pairt payed by the Commrs or countrey, and the other 
caur will be left to act ffor himself, since he hes so disoblidged ffrinds 
heir. This is the most qrwith now I can trouble your Lop .... 
That Counsell bussines of Airlys att Parks instance is lyk to decay, and 
is dead. I giwe my harty serwice to your Lop, to my Lady, with all 
your noble family, and I am in all duty. 

My Lord, 
Your Los wery affec°nat and most humble 
serwant qll I am 

Geo. Leslye. 

ffor the Earle off ffindlater thes 
Banff Oct. i 87. 
My Lord 

Achmedden wreit to me yesternight to shew your Lop 
it wer ffitt yourself and your sone Mr James keep the nixt meetting the 
13 current, and he sail shew ane way how the caurs sail be persewed ffor 
the Commrs releiff. Till meetting your Lop sail not be troubled wt all 
the steps off our last ffrydays meetting. I am. 

My Lord, 
Your Los wery affec°nat and most humble serwant 

Geo. Leslye. 

ffor the Earle off ffindlatter these 
Banff 12 Der —87. 
My Lord 

By this bearer I have given yow this trouble and to tell 
your Lop that probablie yt in the end of this week or in the begining 
of the next I may send this same bearer ane express south again for 
the ffwrther cleiring of my effairs at the south hand, and to send south 
all my receipts and instructions, since I fifind that without prin" 
peapers they cannot be convinced of the veritie of matters ; and after I 
spoke with Auchmeden accordingly I am to take up my ressolution, so 
that when I send yowr Lop shall have tymeous advertisment, in cace 



COMMISSIONERS OF SUPPLY, 1689. I59 

ye have lers to send. If I can I intend to be out and wait on yowr 
Lop once this week, qch now is all ffrom, 

My Lord, 
Your Lops werie affectionat and most 
humble serwant 

Geo. Leslye. 

Lord Findlater's Arrears of Cess. 

ffor George Syme srvitor to the Earle Findlater 
Banff 2i Agust 1688. 

LOVEING friend 

I marvel that you delay yo*" heir coming so long with my 
Lord ffindlater's cess ffor the last terme, since ther are very ffeu in the 
haill shyre but have payed in ; and I can not but impute it to yo*" fault 
and neglect that it is so long aclearing, being I know my Lord is most 
willing it should be tymeuslie done. Ther is necessitie to have all in 
that is resting with all possible speed, ffor peying the publick and 
preveening the hazard off a pairtie. I thought therfor ffit to acquant 
you to haste you heir with that which is resting preceeding Whitsonday 
last being 49 lib 6s and lod, and with the haill Whitsondayes terme be 
itselff, being 183 : 14 : 8. So expecting to see you shortlie heir with 
both, I am 

Yo"" assured ffreind 

Jo. Andrew. 

Commissioners of Supply, 1689. 

On 27th April 1689, the Convention Parliament, summoned by the 
Prince of Orange, voted four months' supply, and the following 
Commissioners were appointed for Banffshire, ^ the active Jacobites and 
known Roman Catholics included amongst the Commissioners appointed 
in 1685, being omitted : — 

The Earle of Airlie, the Earle of ffinlater, Sr. Patrick Ogilvie of 
Boyne, Sr. James Baird of Auchmedden, Sr. George Gordon of Edin- 

glassie, the Laird of Troup, George Keith of Northfield, Grant of 

Denlugus, Walter Stewart of Boig, James Ogilvie of Baldavie, 
Thomas Ogilvie in Boigtoun, Alexander Hay of Arnbath, Mr. John 
and Alexander Abercrombies elder and yr. of Glassach, John Ogilvie 
of Kempcairn, Ogilvie, yr. of Kempcairn, Thomas Gordoun of 

' The Acts of the Parliaments of Scotland, Vol. IX., pp. 73-4. 



l60 RECORDS OF THE COUNTY OF BANFF. 

Cranach, Innes of Edingeith, Stewart of Kilmach [lie] , 

Anderson yr. of Westertoune, the Laird of Park Gordoune, Provest 
Stewart, Bailzie John Gordoun, the Laird of Grant, Patrick Grant of 
Elchies, Alexr. Duff of Braco, Alexander Duff of Keithmore, Patrick 

Stewart of Tanachie, Hay of Raneis, Ogilvie of Cantly, 

Alexander Gordoun of Auchynachie, and John Gordon of Dallowchv. 
These were instructed to meet on 14th May to impose the cess and to 
name a " Conveener." To judge from the correspondence following 
and the first minute of the Commissioners of Supply in 1696, the 
Earl of Findlater was from this date onwards Convener. 

Militia Levies in Banffshire, 1689. 

The excursions and alarms of the Revolution in Banffshire have 
been so far alluded to in Chapter 1. In view of Dundee's rising in the 
north for King James, the Convention Parliament on i8th April 1689 
passed an act for a levy of five hundred horsemen in Scotland ; forty- 
four being apportioned to Banffshire and Erroll's part of Aberdeenshire. 
This quota was on 22nd April put under the command of the Master of 
Forbes. The following letter from George Leslye, Sheriff Clerk of 
Banffshire, who about this period ceased for a time to be County 
Collector,' details part of the procedure taken in Banffshire in connexion 
with the levy. Major Hugh Buntein of Kilbryde, Ayrshire, was muster 
master of the whole Scotch levy : — 

ffor the Earle of Findlater thes. 2 
My Lord, — I have received ane act from the Conventione of Estates, 
wheirby I am ordoured to give advertisement to all the Comssr** of 
militia and outputters of horse theirto within this shyre to meete att 
Banff upon Thursday nixt the 2d of May for outreicking the ffourth 
horse of the ordinar militia, and that they be ready to be presented heir 
agt the 9th of the sd month with ten dayes provision to Major Bountin 
or any whom he shall appoint, the horse being att the raite of ten 
pounds sterling and the armes and equipage att ffive pounds. This, as 
is appointed me, is intimate to your Lo. by, 

My Lord, 
Your Lo most humble servant 

Geo. Leslye. 
Banff 26 Aprile 89. 

• See Letters of 8th May, 1691, 14th January and 26th August, 1693, pp. 162-3, 165-7. 
' Seafield Correspondence (Scot. Hist. Socy.), pp. 48-9. 



MILITIA LEVIES OF 1689. ' i6l 

On 30th April 1689 the Committee of Convention issued a com- 
mission ^ to the Earl of Findlater and to Sir George Gordon of 
Edinglassie, conjunct Sheriff Principal of Banffshire, to call together 
the fencible men of the county, and to take orders from King William's 
commander-in-chief in Scotland, Major General Mackay of Scourie. 

On 1st August 1689, after Dundee had by Highland shock tactics 
driven Mackav to headlong flight at Killiecrankie, Parliament authorised 
the Privy Council to call out all the heritors and fencible men within 
Scotland with their best horses and arms and forty days' provisions. 
On 3rd August James Ogilvie sent his father the following directions 
about the command in Banffshire, The letter of 7th August from John 
Innes, laird of Edingight, seemingly refers to this levy ordered on 
ist August : — 

Edr. August 3d. 1689. 

My Lord,2 — I received your Lo. leter with one inclosed for General 
Major McKay, bot he being with the army, I could not get his letter 
delivered to him. I therefore went to the Commissioner,^ and did read 
to him both the Generals letter and mine, and did hold out to him the 
steat and condition of the shire; bot in respect that Edenglassie hes 
shouen himselfe so forward from the begining of this revolution, it is 
the Duks opinion that your Lo. doe not trouble your selfe with the 
command of any part of the shir, bot you may doe it or not as you find 
convenient for your selfe and your freinds; bot as for what you have 
done the Duke hes promised that neither you nor the gentrie you had 
under your Lo. command shal sustain any prajudice. I am confident 
you have all been much alarumed with the accompt of the feight att 

Gillechranke. . . . 

Ja. Ogilvie. 

ffor the Earll off ffindlater thes ar in heast. 

Graing 7 Agust 1689. 

My Lord,"^ — I have sent your Lo. the inclosed intimatione which is 

sent be the shereif and was intimat at the church this day, to let your 

Lo. consider it, and yt wee within this paries may know your Lo. mynd 

what way wee shal behave. Wee being within your Lo. division all of 

• The Acts of the Parliaments of Scotland, Vol. IX., Appendix, p. 2. 
^ Seafield Correspondence (Scot. Hist. Socy.), pp. 50-1. 

3 William, Duke of Hamilton. 

* .Seafield Correspondence (Scot. Hist. Socy.), pp. 51-2, 

V 



1 62 RECORDS OF THE COUNTY OF BANFF. 

US resolvs to wait upon your Lo. command. The heritor [s] desj-rd me 
to send this expres to your Lo. ; so what command you put upon us 
shal be obeyed. ... Jo Innes. 

Commissioners of Supply, i6qo. 

The Commissioners of Supply for the county appointed on 7th 
June 1690, were ^ : — 

The Earle of Marishail, the Earle of Airly, the Earle of ffindlator, 
the Lord Keith, Sir Patrick Ogilvie of Boyne, Sir James Ogilvie of 
Churchill, the Laird of Grant, the Laird of Boyne, Sir James Baird of 
Auchmeddin, Sir George Gordone or Edinglassie, Sir John Gordone of 
Parke, Mr. Patrick Ogilvie of Pittenbrinning, Sir James Abercrombie 
of Birkenboge, John Ogilvie of Kempcarne, Mr. John Abercrombie of 

Glassach, William Dunbar of Durne, Abercrombie of Skeith, 

Alexander Duff of Bracco, Gairden of Troupe, John Ramsay of 

Melrose, Mr. William Josse of Collenward, James Ogilvie of Baldavie, 
Alex^ Hay of Arnbath, Alex^ Ogilvie of Forglane, Thomas Gordon of 

Cranach, chamberland to the Duke of Gordone, Gregorie of Kin- 

airdie, Mr. George Meldrum of Crombie, James Gordone of Ardmeallie, 
Alexander Duff of Keithmoir, Mr. Thomas Law of Newtowne, James 
Leslie of Kininvie, Walter Grant of Erdendillie, Alex^. Duff of Drum- 

muire, John Innes elder of Edingicht, Sutherland of Kinminitie, 

Alex^ Gordone of Birkenburne, Gordon of Achynachie, Patrick 

Duff, chamberland to the Duke of Gordon, Mr. John Leslie of Tulloch, 

William Bayllie, chamberland to the Laird of Grant, Stewart of 

Kilmachlie, John Andersone of Westertoune and George Leslie of 
Burdsbank. 

James Cock, County Collector. 

Next letter shows James Cock, Town Clerk of Banff, established as 
County Collector in place of George Leslye of Burdsbank. The letter 
gives the usual intimation of these times that a party of soldiers was 
quartered on the county for arrears of cess. 

ffor the Earle off ffindlater these. 

Banff 8 May 91. 
My Lord 

There haveing come heir yeisternight ane pairtie off 

twentie four ffoot souldiers and ane commander with ane order from 

Mr. Osswald and Dunlop Gen" Receavers to quarter one the Comis- 

sioners off Suplie and ther Collector wntill paj-^ be maid of what is 

« The Acts of the Parliaments of Scotland, Vol. IX., p: 145. 



EXCISE TAX FROM BREWERS. 163 

resting by the said shyre, which is a werye gen^ order not condiscending 
one what terme, ffor how much or by whome, so that it is the oppinione 
of some of the Comissioners heir that ane meeting be called of the 
Comissioners to keep at Banff one Wednesday next the thirteinth 
instant for staiteing accounts with ther Collectors, that they may find 
out one whom the said rest is and by whom dew, and ther after take 
such effectuall methods as not to suffer them selffs and the countrie to 
be oppressed as hither too hes been done, I have ther for given yow 
this advertisement, that accordinglye yee keep the meeting, which is all 
from, 

My Lord, 

Your humble srvant 

Ja Cock. 

Excise Tax from Brewers. 

George Leslye of Burdsbank, writer of next letter, was at this time 
Collector of Excise for the County.^ He threatens to exact tax from 
brewers whether they brew or not. 

ffor James Lawtie of Tochieneill to be comunicate to 
Baillie Ord in Cullen thes.^ 

Banff 2d ffebry : 92. 
Sr, — I received your letter yesternight and Baillie Ords this 
day, and am not satisfied with either of your lers, though I cannot but 
confess both of your selfs are fair as to your owen pairts, and thinks 
yee have done verie fairlie in offering to others what yee did ; and since 
they are so obstinate and ignorant as not to comply with favours offered 
to them, lett them be at there hazard, and for there contumacie and 
contempt for lying drey, doe me the favour to shew ane and all of them 
that they may be assured I shall be even with them, and upon there 
expenses. Continue on your selfs. Yee shall find all the favour [in] 
my power. And for these who have proven contumacious, they may be 
perswaded they shall pay drey excyse att the highest rate, whither they 
brew or not. This tell them from me, and they shall never find me 
where they left me ; and if the pairty which I have here from 
Bellendallach were not allreadie ingaged and imployed otherwayes and 

' See p. 166. ' Seafield Correspondence (Scot. Hist. Socy.), pp. 76-7. 



164 RECORDS Olr THE COUNTY OF BANFE. 

upon some other persons, they should have imediatelie have bein sent 
to Cullen, ffor I see that people are so daft that I must give them some 
divertisment. All these I leave to your owen caire, and desyres that 
with my ffathers man who comes to Boyndie to me on Thursday nixt 
ye lett me have your return of this from him, and ane list of these who 

intends to ley drey 

Geo. Leslye. 



Quartering on County for Arrears of Cess, 1692. 

The Town Clerk of Banff and County Collector gives in next two 
letters an account of young Boyne's first essay in Jacobite intrigue, 
and of the recurrent quartering on the county for arrears of cess. 

ffor the Right Hon" S^ James Ogilwie off Churchhill these.^ 

Banff 3 October 92. 

Right Honll, — There is ane great pairtie come heir yeasternight off 
Collonell Buchans regiement, consisteing of ane captaine lyvetenent 
ensigne seall subalterns cadies and 60 sentinells, who have something 
in hand besyde the cess, there being noe more resteing but this last 
Lambas terme, being 2875 tbs. los; and it wes never heard in this 
shyre that ane pairtie wes soe soone emitted, there being noe 
preceidings resteing. The captaine off the pairtie \Nent out this night, 
by wirtue of ane warrand ffrom the Councill, with 24 men to apprehend 
youer ffrend young Boyne; but I presume unles he be werie unffortunat 
he is out of the way, being fforwarned. This your Ho. may keep to 
youer selfe. And now I have sent youer account of resteing cess to 
you, qch must be heir this night preceislye, vyrwayes I cannot exeem 
the lands from ane pairtie. Your Ho. will send the vvholle sume 
required ; ffor youer Ho will ffind the 100 tbs. peyt by the daills sent, 
and 29 tbs. dew by my Lord youer ffaither. This is peremptor, so that 
youer Ho. will excuse this ffreedome ffrom, 

Right Hon", your Ho. humble srvant 

Ja. Cock. 

' Seafidd G}rrespondence (Scot. Hist. Socy.), pp. 92-3. 



THE COUNTY COLLECTORSHIP, 1693. 165 

ifor Sr James Ogilwie off Church hill these. 
Right Honll Bamff 4 October 92. 

I have received Candlemas cess last and given recept yrone. 
As ffor the daills youer Ho. is wejdly mistaken in the number, qras 
yee call them 150 being but . . . the sellers recept amounting to 
83 tbs 14 ss as ye will see b}' the inclosed note bey my hand, so that 
if youer Ho. pleases to allow that recept of youer Ho. ffaithers yee 
will be debitor to me in 12 ibs 14 ss scots. As ffor y' 100 tbs last 
imposed, I spoke to Boyne on it my selfe, who will tell yow his 
thoughts yrof, ffor it will not make wp what I have debursed by 
order on the shyres account. Besyde the lands off Ballgornie (?) 
are walued at 800 tbs ster qch I newer received ane ffarthing since 
my entrie and cannot pairtie one ym, they haveing ane warrand ffrom 
the Councill prohibiting the samen. I am sorie I cannot comply with 
}ouer desyre in granteing the fforbearance required, so that it were 
ffitt youer Ho. sent in the moe this night or to morrows morneing, 
ffor yee shall not want pairties ffor bringing the samen in againe to 
youer hands ; ffor the bearer can infforme you how I am used with the 
comanders of the pairtie, who will have the money haill saill this night 
or to morrow morneing tymely or ffull lists off defficents equivalent to 
this last terms suplie, qch, if the heritors wold pey pleasantly, should 
not be long resteing. The pairlie that went out last night, as I told 
youer Ho., is returned. I wish God that bussines were done away, and 
that youer Ho. were at Edr. To youer anssr I am. 

Right Hon", 
Youer Ho. werie humble servant 

Ja. Cock. 

The County Collectorship, 1693. 

Whether it \Nas the Duke of Gordon's influence that excluded 
Burdsbank from being County Collector of Supply or not, next letter 
shows that Sir James Ogilvie and the Laird of Grant were taking 
measures in January 1693 to reinstate him. 

For the Earle of ffindlater. 
My Lord Edr. 14 Jary 1693. 

Your Lop knowes that ther ware verie few of our Comis- 
sioners present when James Cock was elected Collector, and that as yet 



l66 RECORDS OF THE COUNTY OF BANFF. 

he hes not found cautione, and therfor it is verie inconvenient and 
dangerous for us who are Comissioners to suffer him to continu any 
longer to be our Collector, seing, if he imbasile the publict money, we 
are lyable for peyment thereof to the King. Besyds we have the 
experience that he hes no interest with the receavers, and that therfor 
everie terme the shyre is harassed with pairties, and particularlie at 
Lambes last the shyre was qwartered upon by ane wholl and inteir 
companie, albeit conforme to what was resting by the shyre the pairtie 
should not have exceidit thretein. We therfor intreat that your Lop 
will apoint ane meiting and convein the Comissioners, and in the 
intimationes to intimat that the meiting is for choyseing ane Collector, 
and we doe heirby give our votes for Burdsbank who is Collector of the 
Excyse, and who we know hes interest heir with the receavers ; but it 
is fitt that he give sufficient cautione at his electione. This we think 
will be conduceable for the interest of the shyre, and which is all the 
present truble from. 

My Lord, 
Your Lops most faithfull and humble servants 

Ja. Ogilvie. 
LuDouicK Grantt. 

James Basken, Clerk of Supply, 1693. 

Next letter shows that Captain James Basken, County Collector in 
1653, was Clerk of Supply in 1693 : — 

For the Earle of Findlater thes are. 

Banffe July 3d — 693. 
My Noble Lord 

I have taken the freedome to put yo*^ Lo in mynd 
that the Lambes terme for payment of the suplie is approching, and 
therfor I desyre to know if I shall send forth advertisments, or if ther 
be any thing to be added or deminished of what was payd last. Yo*^ Lo 
will have occasion of persons coming heir to morrow, at wch tyme I will 
expect yo"^ comands, wch shal be readily obeyd by him who (without 

reserve) is, 

My Noble Lord, 

Yo"^ Los most obedient servant 

J. Basken. 



arrears and quartering on the shire. 167 

Claim on James Cock of Arrears of Quartering. 
To S'" James Ogilvie ther Matie Solicitor at Cullen. 

Peiterhead Agust 26th 1693. 

Ther is ane old accompt qch hath lyen ovver thess three or 
four yeirs betuixt one Mr. Trotter who was a corporall of myne then, 
and James Cock Colector for the shyre of Bamf qch would be too 
tedious to trouble yow with in a letter, but the bearer can informe yow 
of it sufficiently, who was then upon that party with Mr. Trotter, and 
is now a sergant in my troop of dragoones. My qwartermasters not 
receaving up the receapts when the qwarters were payed was the 
occassion of Mr. Trotters not delyvering up the precept and receaveing 
his qwartering money due to him, qch had bein absolutely forgot, if Mr. 
Cock had not bein so kynd to have applyed to the Theasurie without 
accqwainting me in the least and receaved 34 tbs Scots of my arriers. 
Though I think I have sufficient grownd to order qwartering yet hearing 
that yow are upon the place I choosed rather to refer it absolutely to 
your self, hopeing that ye will see both my troop and the toune of 
Bamf have satisfaction of Mr. Cock. I shall add no more but my 
service to my Lord and the whole familly, and that I am, 

s^ 

your most humble servant 

Patr Hume. 

County Provision of Forage Etc. for Army. 

The two next letters detail the questionable methods resorted to by 
the Commissary General of Scotland to provide forage and provisions 
for the Scots army and the measures taken for their redress. The 
County Commissioners of Supply had duties in connexion with the 
procedure, and the letters are given on that account. The attempt to 
square Sir James Ogilvie, if he got the Commissioners to agree to 
the proposals made, is interesting as an ordinary feature of the period. 

For the Right Honorable Sr James Ogilvie of Church-hill 
ther Maties Solicitar.^ 

Right Honorable, — Beeing this day in company w' W'" Livingstoune, 
who is comissary appoynted ffor furnishing the dragouns corn and strae 

'Seafield Correspondence (Scot. Hist. Socy.), pp."l22-4. 



l68 RECORDS OF THE COUNTY OF BANFF. 

ffor ther horses, I understand that some troups are lyk to ly in your 
shyre, and I beleive my brother as on of his deputs will be sent ther 
to order the magazins. Thos that have been ffurnishing vyr magazins 
have great diliculty in getting them made up ; some beeing unw illing to 
sell althoe vpon ready money, and vyrs who will sell will not carv the 
corn and strae to the magazin, becaus ther is 32 ston of strae to be 
provyded ffor each boll of corn, qch hes occasioned some complaints 
(both on the souldiers part and the countries) to the Counsell, who 
have ordered letters to be direct to all the shyres recomending to the 
Shiriffs to nottice that the provisione to the fforces be sold at the 
current rates, and (if any refuise) to give acco' of the recusants to the 
Counsell. But its thought that this will be still uneasie, and therfor 
the comissarie is to use the indeavors in the severall shyres wher the 
troups lyes to get the gentlemen to condiscend to a voluntar localetie. 
This is already done in Merns, and I beleiv will he thorowed in the 
shyre of Aberdeen ; ffor they considering that troups will ly ther and 
that the}- must be ffurnished, they think it mor equall to consent that 
each should bear a part of the burden, then that those nixt adjacent to 
thos places wher troups may be quartered should bear the wholl, ffor 
no doubt wher provision is it must be sold at adequat pryces. And as 
to the cariage, albeit they knew that they wer not oblidged to carv, yet 
they considered that, if the souldiers should cary y^ own fforage ffrom 
the place it wes bought at, they might oppress ther tefints w' great 
measure of oats and greater quanteties of straw then is allowed, and 
albeit the oats and strae wold be payed by the commissarie, yet they 
might fforce ther dyet gratis, and evin mak the teiints glad not to 
complein. So they rather thought convenient that ther teiints should 
cary eight or ten myles to each magazin, and receave ther pay^ ffrom 
the comissarie deput vpon delivery, then to have anything to doe with 
the souldiers. As this will be a great ease and advantage to the 
comissarie, so it will be little trouble to the countrie. And if this 
could be thorowed in your shyre of Bamff, Mr. Livingstoun wold 
use all his indeavors that your interest should be als ffree as 
posible. S"", he is convinced this is in your power, and your influence 
on the comissioners and interest in the shyre will cary any thing that 
will not wrong them. He tells me ther may be two troups only ther ; 
but if the shyre consent to a localetie they must cast on als much mor 



COUNTY PROVISION OF FORAGE FOR ARMY. 169 

as serve transient quarters, qch superplus may be applyed ffor releiff of 
your interest if the teiints think a trouble to cary. As iTor the pryce it 
will be payed immediately vpon recept at the rate the comissioners 
setts vpon it, qch in Merns is 4 tb ffor each boll of corn and 32 ston of 
strae conform, qch is verie cheap. Hovever he will pay such reasonable 
rates as the comissioners in your shyre will appoynt. And in respect 
yow will be both at trouble and expence in calling and attending thes 
meetings of comissioners, that may meet theranent, Mr. Livingstoune 
is resolved (if the localetie be thorowed) not only to ease your interest 
all he can (in case they think it a trouble), but will give yow any 
gelding yow ffancie to the value of twenty guineys, and tho yow ffancie 
on worth ffyve mor he will not complean, but will think all verie weell 
bestow'd. Mr. Livingstoune is a ffreind of the Major Generalls, and a 
verie good ffreend of myn ; and what ffavor and kyndness ye show 
him in this affair will oblidg him to a suteable resentment. I humbly 
beg pardone ffor useing this ffredome, but the many obligations I still 
meet with on all occasions imboldens me to mak addresses ffor my 
ffreends, qch I presum will not be misconstructed, seeing it is ffrom on 
who will be ever bound to acknowledg himself. Right Hono", your most 
oblidged and humble serv^ Wm Black. 

Edr., 8th Septer 1693. 

Sr, — If thes can be done, I intreat ane acco^ by the nixt, becaus 
ther must be provisione laid in befor the troups march ; and if ye could 
gett the shyre oblidged to cary to any place (tho without the shyr) at 
ten myls distence, it wold be som advantage, becaus perhaps half a 
troup may ly at Turreff, qch I judg is in Abd shyre. 

For Sir James Ogilvie, Advocat, their Maties Solicitor and 
Shirreff Depute ^ of Bamff-shire these. ^ 

Edr 15th Decemr : 1693. 
Sir, — Whereas their Ma^'es for the good and ease of their subjects 
have authorized us, and wee have agreed with a comissary generall, 
who is obleidged to provyde all their Ma^'*^^ horse and dragoones both 
in locall and transient quarters with grass straw and oats upon the 
terms and allowances contained in that contract, yet his Ma^'"^ being 
informed that in many places the comissary and his deputes had not 

•Mistake for Sheriff Principal. ^ Seafield Correspondence (Scot. Hist, Socy.), pp. 128-9. 

W 



170 RECORDS OF THE COUNTY OF BANFF. 

made provisions accordingly, bot that the former abuses still continued, 
by the troopes being quartered upon the country and demanding 
localities and provisions to be caryed to them, which his Ma*'* is firmly 
resolved to have redressed : Therefore he hath comanded us to enquyre 
into the matter, and to obleidge the comissary and his partners to the 
punctuall performance of their dueties by registrateing of their contract 
and exacting the penalty, and that wee see reparation made to the 
country, where they have suffered by being obleidged to furnish or cary, 
or where they have not received payment for what they furnished. 
Therefore wee desire that with all convenient diligence (after receipt of 
this) yow may conveen the comissioners of supply of yo"" shire, and 
communicat this our letter to them, that we may know from them and 
yow, how the troopes have been quartered in y°^ shire, since our 
contract with S*^ Alex"". Bruce of Broomhall (which wes in May last) 
have been provyded, and in what manner it is done at present ; that in 
caice the comissaries have failed in their parts, or that punctuall 
payment hes not been made to any of yo*" shire, who have suffered by 
haveing souldiers quartered on them, or they obleidged to provyde or 
cary straw or oats, or who have not received payment therefore. This 
being of so universall good to the nation, and consequently to yC 
shire in particular, wee doubt not bot that both the comissioners of the 
supply and yow will take care to return us a full and speedy account of 
this matter. Wee are y^*" affectionat ffreinds 

TwEEDALE Cancel. 

Linlithgow. 

Raith. 
Endorsed 15 Deer. 1693. Letter written by the Comssrs of the 
Thesrie anent the Comssrs of the arme. 

Foot Levy, 1693. 

On 23rd May 1693, Parliament sanctioned a levy of 2979 foot 
soldiers. There was much difficulty in raising the quotas in the various 
counties, as the letters of 9th January and 4th May, both 1694, show. 
Mr. Grant,^ mentioned by the laird of Troup, was Mr. Alexander 
Grant, Sheriff Clerk of Elgin, and about this time tacksman of the 
Excise in Banffshire and the north. James Steuart of Coltness was 
Lord Advocate of Scotland. 

' See Note, page 59. 



FOOT LEVY OF 1693. I7I 

For the Earl of Findlater 

Bamff Jary g 1694. 
My Lord 

Just as I wes taking horss heer, the bearer cam from 
Troup to me shewing that .... my goodfay'^ ues desyrous I 
should see him w^ all speed I could, he being to stay at Troup till my 
return, and that he ues stratned u* tym. But altho the effair I hav u^ 
him be prettie considerable I wold hav waited on your Lo this day, but 
it will be to no purpose, for I understood at Bamff that this days 
meeting is sualled up in that qch the Councell hath apoynted the 3"^ 
Tusday of this inst for the entriy of the foot levie ; houever if I had 
not been called back I wold this day hav givn your Lo accompt how 
uneffectuall my last days atendanc at Bamff ues, and hav givn your Lo 
the stated accompt tuixt the shyr and Mr Grant ^; for I wold desyr to 
receiv your Lo commands, not onlie in that but anie thing else of the 
publict concern of the shyr that I hav anie shadow of intermedling in. 
Thus ceasing to giv your Lo anie further trouble at present, I giv my 
most heartie servic to your Lo and all your nobl familie, and humblie 
begs your Lo pardon, I could not attend the apoyntment this day. 
I am, My Lord, 

Your Lordships most obedient and humble serv' 

Alexr Gairdne. 

For the Shirriff Deputs of Banff or to the Shirriff Clerk or his 
Deputs, for ther Majesties special service, Banff.^ 

Edr 4 May 1694. 
Much Honoured 

There was sent to you befor by the Councils order a 
letter from me containing what they ordered anent the bringing up of 
deficients in the late levie to Stirlin upon ye eight instant, and to 
Glasgow on the tuentie-ffourth of Aprile last. What performance will 
be made at Stirlin cannot be knowen till ye day pass. But least it be 
not better then that at Glasgow, and to correct what was wanting there, 
these are to desyre you to send a particular list of the men delivered 
in your shyre, and to whom, as also a particular list of the deficients, I 

' See Note, page 59. 

"Seafield Correspondence (Scot. Hist. Socy.), p. I45- 



172 RECORDS OF THE COUNTY OF BANI?!^. 

mean of the number of men and of the names of the heritors deficient, 
and that you doe your outmost to have the deficients sent up to the 
forsds places, and to the commanding officers there readie to receive 
them. And this account is demanded that it may be compared with 
the officers Hsts, and that such as are still wilfullie deficient may be 
duelie compelled, as they may expect to be with all rigor. And 
this being so necessary for the publict service your answer is expected 
without faill, for if ye failzie yrin, you and the heritors concerned 
may receive a more peremptorie charge, which will not be so satisfieing 
either to you or to, Sir, Your most humble servant, 

Ja. Steuart. 

This letter being sent to all the Shirriffs of Scotland, pray fail not 
to send a recept yrof by the bearer. 

Meeting of the Shire, 14TH January, 1695. 
For the Rgt Ho" the Earl of Findlater 

Troup Jar>- 14 1695. 
My Lord 

The advertisment of this dayes meeting of the shyr is so 
short that its impossible I could shift my self horses to attend it, 
having tuo of my ryding horses at Abdn ; uherfor I humble beg your 
Lo excus me. I hav sent an exact list, qch I will be ansurabl for, of 
all resting my land, and som oyrs wMn the parochion of Gamrie. To 
my land ther is tuentie four bols and an half, Melross fyv bols, 
and Gogars pairt of Doun four bols on firlot on peck, in all 33 bols 
3 fir I peck. The particulars wil verie plainlie apear by the list itself, 
qch I intreat your Lo be pleased to cause look upon, if anie thing 
effectuall be doeing. I earnestlie beg your Lo pardon for this trouble. 
I am. My Lord, 

Your Lo most humbl and obliged ser 

Alexr Gairdne. 

The Countess Marischal and others and the Collectors 
OF Excise from Brewers. 

George, eighth Earl Marischal,* who died towards the end of March 
1694, was succeeded by William, ninth Earl, who c. 1690 married 

' Scafield Correspondence (Scot. Hist. Socy.), p. 133. 



THE COUNTESS MARISCHAL AND THE COLLECTORS OF EXCISE. 173 

Marie Drummond, eldest daughter of James fourth Earl of Perth. 
An ardent Jacobite and poet, who wrote the pathetic yet exultant song 
of "The King comes o'er the water," she ruled her husband and 
moulded the lives of her two sons, who were attainted after the Fifteen, 
the last Earl Marischal who headed the ill-starred Glenshiel rising in 
1719, and Field Marshal James Keith, soldier of fortune, who fell in 
the Prussian service on the stricken field of Hochkirchen, far from 
bonnie Inverugie. Next letter shows that Lady Marischal could check 
abuses and look after the interests of her husband's tenants. Three 
letters following thereon also criticise and deal with the procedure of 
the Collectors of Excise and the County Commissioners animadverted 
on by the Countess Marischal : — 

For the Right Honourable the Earle off Findlater this. 

Inverugie March iith 1695. 
My Lord 

I am necessitate to trouble your Lo. in behalfe of some 
of my servants brewers in the parochine of St. Fergus, who are very 
unjustlie used be the tacksmen of the additionall excyse and there 
deputs, who as I am informed decline to adhere to what paction they 
alreadie made with the brewers for the tymes past and to come dureing 
there tackes, and lykewayes reject the discharges formerlie given them, 
which I hope your Lo will obleidge the Commissioners of the Shair to 
notice and redress, that my people be not wronged beyond others who 
are in there circumstances, and it will be a favour done to, 

My Lord, 
Your Lo**. most humble servant and affectionat cussine, 

Marie Marischall. 

For the Earle off Findlater these. 
My Lord 

In the Laird of Grant his absence, I have presumed to 
sollicit yo Lo anent the bearer hereof Alex*" Muggach his tenent who 
is ane brewer, and injured by the Collectors of Excyse (as himself will 
inform). Therefor I humblie intreat y° Lops favor herein, which 
shall be sincerely represented to Grant by. 

My Lord, 
Your Lops most obliedged and obsequious servant 
Achmades2 19 March 1695. Will Bailzie. ^ 

» Chamberlain to the Laird of Grant. ' In Boharm Parish. See page 99. 



174 RECORDS OF THE COUNTY OF BANFF. 

ffor the Earle of ffindlater these. 
My Lord 

I understand sine I cam heir that John Grant has granted 
som tacks and made collections after his commission was dischairged. 
As for the granting of tacks yr is noe sutch pouer given him ; and the 
pouer of collection was to him and Allan Gaudie conjunctlie not 
separatlie, so that he had noe pouer without his conjunct, and I cannot 
oun anie thing he hes done fraudulentlie, yet I am willing to allow all 
the money was payed to him by anie of the breuars, but if he granted 
discharges upon receipt of the half or third prt of the quota reallie 
dew, I hop law nor reason will obleidg me and my prtners to that losse. 
And now the shyr being in nonentrie, I am willing to make noe further 
use of it then that every bruer reallie pay acording to his quota from 
the beginning, allowing what is alreadie payed. And I humblie desyr 
your Lo concurrance to Peter Sanders that the breuars may not 
ocasion trouble to ymselvs by quartering, qch he is ordered to doe if 
they be refractorie to that qch is both fair and just on the mater. The 
burden is heavie, but wee that collect it cannot bear the blame. I beg 
your Lo pardon for this trouble, and am, 

My Lord, 
Your Lo most humble serv' 

Ad Gordon. 
25 Feb"" 1695 

ffor the Earle of ffinlater these. 
My Lord 

My pairtners and I are informed of hard usadg uee have 
mett w* in Bamff shyre. Wee never proposed to seek from the breuers 
ther, but as uee sought and gott through the wholl kyngdom. Att our 
first entrie Kelburn and I took out dects. of nonentrie sub** be ourselvs 
and Comissioners agt the wholl shyr, and apoynted Jo" Grant and Allan 
Gaudie to collect and dischairg (conlie but not severallie) in how far 
they would receave, and to give onlie recepts till acompt, qch they 
observed. When I returned again to the shyr, I took out dects. of 
nonentrie, and upon informa^ne of John Grant his unfittnes for that 
imploy* uee recalled after the collection of the first fyve month Allan 
Gaudie that ther comission my' end, and sent for Jo" Grant south, who 
in his way did collect ane quarter, and to facilitat his collection (knowing 



COLLECTORS OF EXCISE FROM BREWERS. 175 

he had noe pouer be himself) he discharges most of all the breuars, and 
gave tacks to severalls. Our directions uere to collect as mutch as the 
oyr excyse, but his dischairges and tacks are given for the on half, and 
to som for the 3d prt. The breuars uere cheating Jo" Grant, and he 
cheated them ; becaus he had noe ry^ to collect. As the old proverb, 
the greedie and the false uere ueil mett, for his comission is evidence 
enough that he never had pouer be himself to collect or att all. Neyr 
he nor his conjunct could grant tacks or dischairg but what they 
receaved in wholl or in pairt conform to ther commission. And sine 
that tyme Baillie Sanders hes recovered dects. of nonentrie sub^ be 
Comissioners for a wholl yeir, from Feb^ 94 till Feb"". 95, and uee 
never designed to make anie further use of our dects. of nonentrie 
but the payt of the quota of the shyr, and recover the tacks uere putt 
on us by Birdsbank and J^" Grant. I beleive it may be proven befor 
your Lo and the Comissioners that Birdsbank hes been the cheef 
instrument of all this trouble by his stirring up the breuars to conceal 
ther duties to him and his granting double tacks or discharges, yea his 
boasting that he is ane hundreth pound sterling out of our way. It 
seems he values himself in putting fyr among the pitchers, qch is a 
dishonerable uncristian practise, and may somtime burn his fingerends. 
My Lord I am ashamed to be thus tedious and troublesom, and my 
pairtners and I humblie intreat your Lo would call the Comissioners, 
and that our Collector may gett concurrance to raise that pairt of the 
subsidie conform to law. Ther is nothing demanded but what is legall 
and practicable in the wholl kingdom, uee are secured by our seall 
dects. of nonentrie. Fraud is unfavourable. If anie of the partners 
or I uere pnt uee could fullie refer this wholl mater to your Lo or anie 
reasonable man, and beg the law may not be stretched to wrong us. 
The recalling our parties quartering on dects. of nonentrie is illegall. 
To make our excyse anie oyr quota then 3d the pint, or to make it lesse 
then the oyr excyse is the work of the Parliament. What was don at 
Aberdeen was disouned. If S"" James Ogilvie had com doun he would 
have informed the Comissioners, and uee shall be uery loath to com to 
a publict hearing, and beg your Lo may prevent it by causing doe us 
justice. Wee are informed Birdsbank acts as C5misr agt us, qch I 
most say is impudence enough in him to be judg and partie ; and uere 
it not the honnour and respect uee ow your Lo and oyr Hontt 



176 RECORDS OF THE COUNTY OF BANFF. 

Gentlemen who have proceided by misinforma°ne agt us, and that uee 
are desyrous to beg our peace, far rayr then trouble oyrs and ourselvs, 
uee would have endevoured to be at the bottom of that affair ere now. 
My partners give ther humble dutie to your Lo, and I am, 

My Lord, 
Your Lo most humble and affectionat servt 

Ad Gordon. 
8 Apr 1695. 

Six Months' Supply, 1695. 
On 20th June 1695, a six months' supply of ^^432,000 Scots was 
granted,'' and the Commissioners appointed in 1690 so far as they had 
qualified were continued to order and uplift the cess. Commissioners 
were added for most of the counties in Scotland, but no new ones were 
added for Banffshire. 

County Provision of Forage Etc. for Army. 
On 30th November 1695, a party of dragoons, according to the 
Burgh Minutes, came to Cullen for local quarters, and the inhabitants 
were ordered by the Town Council to assist with quarters the next 
month. Geo. Wisheart, writing from Banff to the Earl of Findlater, 
Convener of the County, invited him to get the Commissioners of 
Supply to carry to them the forage, etc., of the troops quartered in the 
county. The letters of 8th September and 15th December 1693, given 
before, should be compared with the following letter from Wisheart : — 

My Lord 

I hear yo"^ Lo. hes been pleased to call a meeting of the 
Comissioners of the shyre, and to take into yo*" consideration whither 
the countrey will give assistance or not in carrying in the provision of 
forrage the Comissars doe buy for the troop qrtered in this shyre. It 
hes been allways my care to keep a good understanding betwixt the 
countrey and those troops I am concerned in ; and I hope nothing 
shall fall out now to the contrary. I only beg pardon to represent to 
yo"" Lo., that in case the troop run short, and that the Comissars faill 
in yr conditions, yet provisions most be had, for the troop most not 
break nor cannot starve ; and if we come to want then wee most light 
upon the neerest and lett the Comissars answer for the dammage, for I 
make no question but the main reasone why the Privy Councill does 
not obleidge the dragoons to carry their owen forrage is to prevent too 

' The Acts of the Parliaments of Scotland, Vol. IX., pp. 371-6. 



MILITIA LEVY OF 1696. 177 

many abusses comitted by them qn sett out into the countrey, qch 
never comes to the officers knouledge, and yrfor are not redressed. 
The Comissars are obleiged to delyver it to us at our qrters, but they 
have ane ill bargain of it this yeer, they being obleiged to furnish us 
the boll of oats and 32 ston of straw yrto at s''^^ 14^^ 8"^ scots, so it is of 
yo"^ Lo. and the Comissioners owen good will to help them or not ; but 
in giveing them the help and assistance in carriage yo"" Lo. and the 
Gentlemen of the shyre will occasion the troop to be well prov3'^ded, and 
yrby prevent any irregularitys and disorders qch may fall out, if the 
troop shall be in want ; ffor tho I should plead for no favour to the 
Comissars, yet seeing the good of such a favour will tend both to the 
benefit of the troop and countrey, I doe therfore with the more freedom 
beg yo'' Lo. and the Gentlemens favour and assistance in this matter. 

I had waited on yo"" Lo., but am obleidged to keep ane appoynt- 
ment I have at the Gary* on Munday next, qch I hear is the daj- of yo"" 
Lo. and the Comissioners meeting. 

I beg pardon for this trouble, and desyres yo"^ Lo. will believe I am, 

My Lord, 
Yo"" Lo. obedient and most humble serv' 
Geo. Wisheart. 

Bamff 21 Dece*^ 1695. 

Militia Levy, 1696. 

Writing 2 on ist April i6g6, the Depute Clerk of the Privy Council, 
John Anderson, informed the Earl of Findlater that the heritors in 
Edinburgh " are bussie proportioning and putting out ther quotas of 
the 1000 men for the newe levie." Next letter from the Clerk to the 
Commissioners of Supply deals with the quota from Banffshire, and 
may be compared with the Minute of said Commissioners of 6th 
January 1697. 

For the Earle of Findlater these. 
My Noble Lord 

I am apprehensive the Comrs hath laid on the shyre on 
man more then wil be due. Ther was indeed a fraction from this 
shyre but it seemes the shyre of Abd hath taken it on themselves, as 
yo"" Lo will perceave be the inclosed from George Patton, w'^^ is in 

' Garioch, Aberdeenshire. - Seaficld Correspondence (Scot. Hist. Socy. ), p. 190. 

X 



178 RECORDS OF THE COUNTY OF BANFF. 

ansr to a lyne I sent him anent that effair. I have given yo*^ Lo the 
trouble of this lyne for yo"" advyce how this man shal be disposed of, 
since the rolls cannot be altered and the officers heir are calling for the 
list of the leaders. What yo"^ Lo orders to doe in this shall be 
obeyed by, 

My Noble Lord, 

Yo*" Los most obedient servant 

J. Basken. 
Banffe Apryll nth 1696. 



The Supply of 1696. 
For the Earle of Findlater these. 
My Noble Lord 

Birdsbank shew me the act of Parl^ for the suply, wch 
he hath caried to yo"" Lo. I shall wait yo"" order, and in the meane 
tyme I shal be preparing advertisments and bearers, and shall leave the 
day blanck till yo"^ Lo appoynt the tyme. So intreating yo"^ Lo to 
hast a bearer I shall add no more, but according to my bound duty 
subscryve my selfe, 

My Noble Lord, 

Yo*" Lo^ most obedient serv^ 

J. Basken. 
Banffe October 27 1696. 

Minute Book of Commissioners of Supply, 1696. 

The meeting was duly called for loth November 1696 ; and on that 
date the regular Minutes of the County Commissioners of Supply 
commence, and the history of Banff county government is thence- 
forward fully detailed. A few older particulars of county adminis- 
tration contained in the Book of the Freeholders of the county, 
in connexion with the management of roads, the restraint of 
masterful beggars, etc., have been given in the preceding chapter. 
Further research may discover other unbound minutes of county 
meetings, and more domestic letters throwing light on county 
government than those given in this chapter. It is, however, 
practically certain that no older bound volume of minutes will be 
found, because when " John Donaldsone, former Clerk of Supply," 



MINUTE OF COMMISSIONERS OF SUPPLY, 1696. I79 

compeired before the Commissioners on 31st January 1706, it is 
minuted that he gave up to the new clerk " the former sederunts of 
the sds Commvrs beginning tenth November 1696, consisting of ffourty 
and seven leaves whereof one blank." The minutes of the county 
after 1696 detail the evolution of county government in its ever 
widening phases, and show its many and inevitable interactions with 
national or central rule. The minutes readily explain themselves, and 
only the aid of an occasional explanation or historical note is given. 
The minute of 1696, besides dealing with the imposition of the cess 
and the appointment of the former Clerk and Collector, provides for 
the salary of the public post. 



Minute of loth November 1696, imposing the Cess. 

Att ffordyce the tenth day of November Jajvj& and foure scoir 
sixtein yeires. Sederunt of the Comissioners of Supply of the 
shyre of Banff viz. : 

The Earle of ffindlater, the Laird of Birkenboig, the Laird of Troup, 
the Laird of Wastertoun, Arindillie, Colleynard, Burdsbank and Arnebath. 

Who all choised the Earle of ffindlater preses, and by his Lop it 
being exposed to the Comissioners that the present meiteing was for 
setleing the eightein monethes cess imposed by the late act of Parliat 
25th of September last past, and for choiseing their Clerk and Collector 
for the said supply, they all in one voice did elect nominat and choise 
George Leslie of Burdsbank their former Collector to be their Collector 
of the said eightein monethes supply and James Baskein their former 
Clerk to be their Clerk dureing the heall tearme of the said supply, and 
they have proportioned for the nixt Mertimes tearme with Clerk and 
Collector fies to thrattie shillinges and eight pennies Scots monethlie 
on each hundreth pounds valued rent of 79200 lb. valued rent of the 
shyre ffor the said one tearme of Mertimes nixt to come, with this nota 
that for subsequent tearme anent the 800 lb. deductione anent the 
bridge of Done the Earle of ffindlater the Lord Boynd and laird of 
Troup are to speak to Bracco anent it and to report to the Comissioners 
nixt melting whither the sd 800 lb. diminutione shall be yrefter allowed 
or not : And ordeines the Collector to proportione the cess of the first 
tuo monethes payable at the sd nixt tearme of Mertimes at the rate of 
thrattie shillings and eight pennies Scots for the said tearme, and to 



l80 RECORDS OF THE COUNTY OF BANFF. 

uplift the same proportionallie and out of the first end yrof ordeines 
him to pay the publict, and to pay thrattie poundes Scots to the Clerk 
for his sallarie for ane quarter, and also to pay to the Post ane quarters 
sallarie from the first of November nixt, with this provisione that, if 
the quota now proportioned shall come short of the Post dues for the 
piit current quarter, the deficit shall be stented and casten on the 
subsequent tearmes, and alwayes with this provisione that Burdsbank 
befor the nixt meiting of the Comissioners give in to the Earle of 
ffindlater or to the Clerk ane bond subt by him and his cautioner, who 
formerlie was caur for him or uther responsall caur for him he shall 
not continew longer then the sd. Mertimes tearme, and if he find the 
sd. suirtie he shall continew dureing the said heall eightein monethes. 

Farder the Comissioners doe order their Collector to prosecute Mr. 
Alex"^. Grant and his caurs, ffor and upon their securitie for him anent 
his collectione then given him, and that by applicatione to the Thesrie 
for ane act for quartering on his caurs, or by chargeing them on their 
caurie and bond granted therefor, and recomends to the Earle of 
ffindlater to acquent the cautioners thereanent, and appoyntes the 
Collector to uplift and discharge the arreires given out by the then 
Comissioners and be countable therefor. 

ffindlater. 

Ja. Abercrombv. 

Alexr. Hay. 

J. Anderson. 

The convening of meetings of the Commissioners for Fordyce and 
Cullen outwith Banff the county town, which was common about this 
period, was the subject of complaint in 1700 by the Town Council of 
Banff, ^ and was rectified shortly after that time. The Collector, 
George Leslye of Burdsbank, was about this period in financial diffi- 
culties; and the security demanded for his intromissions was very 
necessary. 

The Leslyes of Burdsbank. 

Burdsbank, a small estate for long included in the extensive 
domains of Cullen House, has for many years lost its identity. 
Its name alone still clings to the spot near Cullen House where the 
laird's house stood in olden days ; and only the local antiquarian 

■ See page 55. 



THE LESLYES OF BURDSBANK. l8l 

knows of its old connexion with the family of Leslye. This family 
had its origin in Banffshire in 1610, when Sir Walter Ogilvie of 
Findlater, afterwards the hrst Lord Deskford, conveyed Burdsbank, 
sometimes spelt Birdsbank, to George Leslye, second son of Robert 
Leslye of Findrassie in Moray. In 1617, George Leslye appears 
in the minute books of the Town Council of Cullen as a Councillor, 
and two years later, in i6ig, he was Commissioner for Cullen to 
the Convention of Royal Burghs. Robert Leslye, the father, had 
a passing interest in Banffshire himself, for in 1624 he purchased 
from Lord Deskford the lands of Leitchestoun, Clune, Smithstown 
and Dytach, in the parishes of Deskford and Fordyce, for £5000 Scots. 

George Leslye was succeeded in Burdsbank by his son William as 
second laird. In 1658, William Leslye appears in the Town Council 
minutes of Cullen as heritor of the Old Mill of Cullen. The burgesses 
were mostly astricted to this mill, being bound to grind their corn there. 
The Cullen records show that more than once, during this laird's 
ownership, they were forced, though very unwillingly, to perform the 
customary mill services or commute them, and that Burdsbank had 
more than once to seek redress in court for their evasion of his 
multures. He was one of the Scots Commissioners who were sum- 
moned by General Monk to meet in Edinburgh on i6th November 
1659, when the restoration of Charles II. was so far concerted. 

The Sasine records of Banffshire seem to speak of William Leslye 
as a gentleman of substance, who was rich enough to lend money to the 
bigger neighbouring landowners. 

28th Apryll 1664. — Renunciation Wm. Leslie of Birdsbank in favors 
of James Earle of Findlater of and upon yt half of the toune and 
lands of Craibstone and half of Shepherds croft yrof qch were before 
wodset to the deceist James Shepherd sometyme in Craibston and 
redeemed from his eldest sone w' ye pertinents. 

13 November 1668. — Saising William Leslye off Burdsbank and 
Helen Monro his spous in conjunct lie and lyverent the longest leiver 
of them tuo and George Leslye yr oldest lawfull sone in fie off all and 
haill that pairt and portione of the toune and lands of Whyntie pres'b' 
perteining to Sr Patrick Ogilvie off Boyne and occupied and possest be 
George Allan and Alex^" Leyth with the pertinents yroff. 

In 1670 he appears in the list of Commissioners of Supply for 
Banffshire. 

27 May 1673. — Renuncia°ne and grant off redemption off all and 
haill that pairt and portione off the toune and lands of Whyntie 
possest be Geo. Allan and Alex^ Leith granted be Wm. Leslie of 



l82 RECORDS OF THE COUNTY OF BANFF. 

Burdsbank Helen Munro his spouse and George Leslie yr sone to 
and in favors off Sr Patrick Ogilvie of Boyne. 

8 October 1674. — Saiseing given to William Leslie of Burdsbank 
and Helen Munro his spouse in conjunct fie and liverent the longest 
liver off them tuo and George Leslie there sone in fie of all and haill 
ane yearly @ rent of two hundreth and fourtie punds Scots to be 
uplifted out of the toune and lands of Neitherblerock. 

8 October 1674. — Saiseing given to William Leslie of Burdsbank 
and Hellen Munro his spouse in conjunct fie the longest liver of them 
two and George Leslye there sone in fie of all and haill ane yearly 
@ rent of two hundreth and fourtie merks to be taken furth off the 
two roumes in Hilsyde off ifordyce possesed be Alex"" Gregor and Alex"" 
Keir. 

20 May 1676. — Instrument of Resignatione made and granted be 
William Leslye of Burdsbank and George Leslye his sone to and in 
favour of James Earle off ffindlater and yt in speciall favour of John 
Gordone of Leterfurie and Marie Innes his spouse of ane yearlie 
@ rent of two hundreth and fourtie punds Scots moey to be uplifted 
furth of the toune and lands of Neitherblerock. 

25 May 1677. — Saiseing given to William and George Leslye elder 
and yr of Burdsbank off all and haill ane yearlie @ rent of six 
hundreth merks moey uplifted furth of Whyntie. This was discharged 
by George Leslye on 28th June 1698. 

Meantime the burgesses of Cullen were giving trouble. In 1672 
"it is statute," so runs the Cullen Town Council minute, "that 
the haill toune heritors, tradsmen, brewers and others within the 
sam shall be stented in the soum of ten merks for bringing hom 
milstons to the Old Mill of Cullen," probably either from Pennan in 
Aberdeenshire or from Quarrywood near Elgin. * In 1677 Burdsbank 
complained to the Town Council "upon the , haill brewers of aill, 
bear and acquavitie that they goe above his mill with their malt meale 
and other graine belonging to them to other adjacent milnes although 
they be bundsucken to him and his milne, so he is wanting in his 
multure." Dr. Cramond says that the tombstone of William Leslye 
and of his wife Helen Munro of Miltoun was sometime ago unearthed 
in Cullen Churchyard, with the arms of the Burdsbanks upon it, but 
the heart-shaped centre gone. 



THE LESLYES OF BURDSBANK. 183 

George Leslye succeeded as third laird. The date of his birth has 
not been ascertained. In 1666 he was admitted a burgess of Cullen ; 
but as this honour was often conferred on mere youths it gives no 
certain clue to his age. He married, probably before 1675, Christian, 
second daughter of Sir James Baird of Auchmedden, Sheriff Principal 
of Banffshire. In that year he was appointed Sheriff Clerk of Banff- 
shire, in succession to Robert Sharp, relative of James Sharp, Arch- 
bishop of St. Andrews. At the same time he was appointed Keeper of 
of the Particular Register of Sasines for Banffshire, and the records 
shew that the first writ registered by him was on i6th June of that 
year. He invariably spelt his name and his father's Leslye. In 
December 1683 he took sasine on the lands and baronie of Doune, 
Gamrie. In 1685, like his father, he had to apply to the Town 
Council of Cullen to issue orders that heritors, tenants, etc., should 
send men and horses to "lead" stones out of that part of the burn 
betwixt the Killcraig and the intack to the said mill, and for carrying 
home slates to slate the mill out of the " Sklaite Heugh of Findlater, or 
David's Castle." In May of the same year he represented Cullen in 
the first Scots Parliament called by King James. In those days of 
payment of members he was allowed by the burgh 24s. Scots daily 
while attending Parliament in Edinburgh, and for the time in going 
and returning home, eight days, so long did the journey take in those 
olden times. In Seafield Correspondence, edited for the Scottish 
History Society, is printed a letter from George Leslye to the Earl of 
Findlater, dated 28th April 1685, giving an account of the proceedings 
of the session. In May 1686, he was again in Edinburgh attending 
Parliament, and in three other letters, printed in the same Corres- 
pondence, he continued his account of the proceedings of the first and 
last Parliament convened by King James. In common with most 
of his compeers, he made no animadvertions on the autocratic policy 
of James, apart from his Romanising actions, which he was opposed to. 

On 29th September 1686, Burdsbank took sasine of the lands of 
Coultoun, Inaltrie and Litle Knowes, all in Deskford, under reversion; 
and on the 30th September 1687 he took sasine first of the lands of 
Deyhill, Barnhill, Auldealhouse, Gelliemylne and others in Gamrie, 
and second of the lands of Inchdrewar, Lochagins, Culbirnies, Killpots 
and others in Banff. Both sasines were upon two charters under the 
great seal. Ten years later Burdsbank was in deep water. In 1698 he 
ceased to be Collector of Cess. In 1699 he had sold out his paternal 
estate of Burdsbank to Seafield. That year he was in prison for debt 
to the town of Cullen, which he had represented in Parliament. Later 
the same year, on 9th December, he was liberated from the prison of 
Banff, where he was incarcerated for debt. 



184 RECORDS OF THE COUNTY OF BANFF. 

Man}- incidents of his career are to be found in Dr. Cramond's 
Annals of Banff and of Cullen, in the Editor's Seafield Correspondence, 
and in these Records. He had three sons and two daughters. The 
eldest son died unmarried. The second son made a clandestine^ 
marriage with Lady Mary Ogilvie, daughter of James 111.''^ Earl of 
Findlater. The third son, Patrick, appointed Joint Sheriff Clerk of Banff- 
shire on loth September 1703, married Margaret Ramsay of Melrose in 
Gamrie, and predeceased his father w ith issue. George Leslye resigned 
the office of Sheriff Clerk in 1723, and died probably in 1724. 

Levies of Horse and Foot, 1663-1696. 

If the apportioning and collecting of cess by the County Commis- 
sioners emanated from, and was a delegation of the national authority, 
so also was the duty placed on the local authority by the central power 
of taking measures to levy the horse and foot of the army, a duty 
extensively delegated to the local authorities of the present day, so 
dependant is the central power on the man on the spot, if its resolutions 
are to be effectively carried out. 

After the Restoration the Militia of Scotland was settled by the acf* 
of 23rd September 1663, which offered 20,000 foot and 2000 horse to 
Charles sufficiently armed and furnished with forty days' provision. 
These levies were apportioned on the various shires and military 
districts, mainly on the basis of population and the suitability of the 
population for foot or horse. Banffshire, like many other counties, 
was not treated in this matter as a unit. From the "shire of Kincarden 
and Marishalls parte of Aberdein eight hundreth foote and seventie 
four horse, from the rest of Aberdein and shire of Bamff one thousand 
sextie sex foot and one hundreth seventy sex horse " were the local 
quotas. The figures one hundred and seventy six horse are referred to 
in the minute of 6th January 1697, at page 186. This Militia, when 
embodied was under obligation to march to any part of Scotland, 
England or Ireland to resist foreign invasion, or to suppress internal 
insurrection. If necessary, every male between sixty and sixteen years 
was made available for service. 

At the Revolution the exigencies of the situation compelled the Con- 
vention of Estates to add to the territorial Militia system the general 
recruiting of regiments. On 27th March 1689, General Mackay was 
authorised 3 to recruit in Scotland four regiments of foot and one of 
dragoons. On 19th April following eight regiments of foot with 
establishment of 5400 men were authorised, to be raised'' by the Earles 

' Seafield Correspondence (Scot. Hist. Socy.), pp. 247-8. 

"The Acts of the Parliaments of Scotland, Vol, VII., pp. 4801. 

3 Ibidem, Vol. IX., p. 22. * Ihidem. Vol. IX., p. 50. 



LEVIES OF HORSE AND FOOT. 185 

of Argyle, Mar and Glencairn, by Lord Cardross for Lord Angus, by 
Lords Strathnaver, Blantyre and Bargany, and by the Laird of Grant. 
On the previous day the Convention called out ^ 500 Militia horse in 
the proportions of the Act of 1663. This was one fourth of the 
maximum number allowed by that act, and explains the expression 
"fourth horse of the ordinar militia" in Leslye's letter at page 160. 

On ist August, after Killiecrankie, Parliament authorised the Privy 
Council, if necessary, to call out all heritors and fencible men. 

In view of a threatened invasion in 1693, Parliament on 23rd May 
authorised ^ a levy of 2979 foot, in the same proportions as were laid 
down in the Militia Act of 1663, being from " Kincardyne and 
Marshalls part of Aberdeene 119, and the rest of Aberdeene shyre and 
Banff 159." The Commissioners of Supply, with one or two Magis- 
trates from each Royal Burgh, were directed to make the levy 
effective in each military district, and had power, along with the officer 
directed to receive the men, to determine their sufficiency. In conse- 
quence of this levy the concession was made that for one and a half 
years the Militia would not be called out except in case of actual 
invasion. 

With the war against Louis XIV. in Flanders so long in progress, 
the drain on men was great, and on 17th July 1695 a levy of 1000 foot 
to serve three years and to the first of November next thereafter was 
authorised 3 by Parliament. That Scotland might be delivered from the 
oppressions of " pulling away poor men from their wives and children 
that cannot subsist without their handy labour, and the ingageing and 
seizing of other unfitt men noway proper for the service," the Estates 
enacted that, as all heritors and the superior sort of His Majesty's 
lieges contribute to the war by paying supply, pole money and excise, 
therefore " the inferior sort who contribute little or nothing, specially 
such men as are without wives or children, who earn their living by 
daily wages or by termly hire," should serve as soldiers at home or 
abroad. The 1000 men were proportioned on the counties and military 
districts, in accordance with the scheme of 1663 ; and the County 
Commissioners of Supply were directed to furnish out, first, all idle 
vagabonds liable to seizure who were unmarried, and secondly, all young 
fencible men of the bounds with no wives and children to make up the 
quota, these latter being chosen by lot. To encourage recruits, each 
was to receive ;f 20 Scots. 

Next year, on 9th October 1696, a levy of 1000 men each year, 
until the ensuing session of 1700, was voted,'^ on the same proportions 

'The Acts of the Parliaments of Scotland, Vol. IX., p. 47. Mbidem, Vol. IX., p. 265. 

3 Ibidem, Vol. IX., pp. 459-460. 

■♦The Acts of the Parliaments of Scotland, Vol. X., pp. 61-2. 

Y 



l86 RECORDS OF THE COUNTY OF BANFF. 

and conditions as the levy of 1695, with this addition that the services 
of a soldier could, for £24 Scots, be compounded. 

Levies of Horse and Foot, 1696-7. 

Sederunt of the Comissioners of Supply and Militia of the 

shyre of Banff holden at Cullen upon the sixt of Januarie 

Jajvj& and fourescoir seavinten yeires. Comissioners 

present — The Earle of ffindlater, Sir Jon Gordon of Park, 

The Laird of fforglen, The Laird of Troup, The Laird of 

Durne, The Laird of Kempkairne, The Laird of Colleynard, 

The Laird of Wastertoun, Gordon of Achoynanie, George 

Leslie of Burdsbank, Jon Innes of Edingeith, The Provost 

of Banff, The Laird of Birkenboig. 

Who all choised the Earle of ffindlater preses of this meitting ; 

and his Lop having explained to the remanent Comissioners the desyne 

and end of this melting viz : Anent the outreikeing of the Militia 

horse of this shyre conforme to the Counceills act and proclamatione 

dateit the tenth of Decer last past ; item anent the levie of ane 

thousand men conforme to ane uther act of Councell dateit the sixteinth 

day of the sd monethe, and anent my Lord Chancelloures letter to 

the Comissioners of Supply of this shyre dateit the first of December 

last past : The saids two proclamationes and my Lord Chancellors 

letter being read, the Comissioners resolve anent the Militia horse, that 

in respect the quota of this shyres proportione of the sd Militia horse 

distinct from ErroUs pairt of Aberdeine shyre is not distinctlie knowen 

to any of the Comissioners present, and that they suppose there may be 

some error in the proportione of the rest of Aberdein shyre and Banff 

shyre, qch in the Councells act is ane hundreth and sevintie six horse ; 

there for they recomend to the Clerk to the Comissioners of Supply of 

the sd shyre and get nottice what the distinct proportione of the horse 

of this shyre is, and whether the sd 176 horse be the trew cast and 

proportione of both shyres condiscendit to and imposed by the first act 

of Parliat anent the Militia, and also what the sds Comissioners have 

yet done anent the sd horse Militia, and what ever answer comes to the 

Clerkes handes ordeine him to report the samyn to the Earle of 

ffindlater that he may take such course yrin as appeirteines ; and 

recomendes to Kininvie, to be assisting to the Clerk in draweing the 



LEVIES OF HORSE AND FOOT. 187 

said letter. As to the levie resolved that the leaders of the levie the 
last yeir be continowed this yeir with alteratione only of any adjuncts 
that any the leaders shall desyre to have altered, which the Comiss 
remittes to the Clerk to doe as he shall find just cause : Ordeines the 
Clerk imediatlie to issue out proclamatione to the severall leaders that 
they may have their men or money readie at Banff on the 22*^ instant, 
the day appoynted by the Councell for that effect, under the paines 
conteined in the proclamatione. And as to my Lord Chancellors letter 
recomendes to the Earle of ffindlater to give aiisr thereto. And in 
respect of a complent anent quartering upon deficients in payment of 
their cess, it is ordered that for heirefter the Collector shall send out 
one sojor to make intimatione of the parties comeing on the shyre, and 
that the Collector shall pay to the partie what is dew to them by law 
for their deficiencie, which he shall cast on the deficients for the nixt 
termes cess, and shall have power to poynd or quarter on the saids 
deficients according as for the cess, so that the Collector shall be no 
loser thereby. 

FFINDLATER I.P.C.^ 

Att Banff the twantie second day of Januarie Jajvj& and 
fourescoir seavintein yeires 
The qch day in presence of Sir James Abercrombie of Birkenboig 
and Nicolas Dunbar of Castelfeild Shirreff depute of the shyre of 
Banff anent the Councells act and proclamatione for delyvering the 
proportione of the thousand men of levie for the yeir 1696 dew out 
of the shyre of Banff: Compeired Lievetennent Collonell Murray in 
CoUonell Walter Colliers regiment and produced ane comissione from 
Collonell George Hamiltoun dateit 22"^ of Decer last to uplift and 
receive the sd proportione of men dew out of the shyre of Banff, which 
the sd Birkenboig and Shreff deput ffound sufficient, and ordeined the 
Clerk to give ane list of the leaders of the sd shyre to the sd 
Leivetennent Collonell, which accordingly he did : And the sds leaders 
being called, Birkenboig gave in ane sufficient man named William 
M'^Iver approven off and accepted by the sd officer ; as also Castelfeild 
delyver ane uther sufficient man named James Wilsone ffor my Lord 
Secretarie Ogilvie or Earle of ffindlater leader of one man approven 

' In presenlia Commiss : 



l88 RECORDS UK THE COUNTY OF BANFF. 

and accepted by the sd officer. Lykeas the Lord Boynd, the lairdes 
of fForglen Troup Kinminitie and Wastertoun leaders of one man 
each of them, the Earl of Marishall leader of one man, the Tutor of 
Rothemey leader for Rothemey of one man have each of them payed 
tuantie four poundes Scotes for their men. Lykeas the Duke of 
Gordone leader of thrie men hes payed tuantie four pounds Scots 
money for one of his said thrie men, ffor qch men and money the sd 
Leivetennent Collonell hes given receptes, and the Duke of Gordone is 
yit deficient in tuo men; and the lairds of Park Bracco Kinairdie and 
Bellindalloch are also deficient each of them in one man. And the 
saids Comissioners and Leivetennent Collonell have subscryved thir 
presents day and place foirsd. 

Ja. Abercromby. 

Nicolas Dunbar. 

Wm. Murray. 

Sederunt Cullen ffourth May Jajvj& and nyntie sevin years, 
James Earle of ffindlatter, Sr Patrick Ogilvie of Boyne, 
Alex'^ Sutherland of Kinmintye, M*" \Y"^ Joass of Coleonard, 
Georg Leslye of Burdsbank, Nicolas Dunbar of Castelfeild 
Shreff deput of Banffshyre, and Patrick Steuart off Tannachie. 

The Comissioners of Suplie avemd. have elected and chosen the 
Earle ffindlater to be preses. 

Deficients of the Levies of 1693 and 1695. 
The said day compeiced Livetenent Collin Campbell in the regiment 
of Collonell Macgill (?) comissioned by Collonell George Hamiltoune 
conforme to his comissione daited the twentie fourth of March Jajvj& 
and nyntie sevin yeares last past, and produced the act of Counsell 
daited the sext of ffebry last anent the deficients of the levie Jajvj& 
and nyntie three and Jajvj& and nyntie fyve yeares, and represented to 
the Comissioners that the Duke of Gordone in that shyre for his 
interest wes deficient in tuo men in the year Jajvj& and nyntie five 
yeares, and the Laird of Kinminitye deficient in one man, and in 
obedience to the act of Counsell forsaid ordeineing poynding for 
payment of the soume of ane hundreth punds Scots money to be 
made for each deficient man. The Comissioners forsaid ordaines 



MARkET PRICES OF BEAR AND BARLEY. 189 

poynding in the tearmes of the act of Counsell out of the Duke of 
Gordons interest in the Shirreffdome of Banff for the soume of two 
hundreth punds for the sd two deficient men in the levie Jajvj& and 
nyntie five yeares and that one the yeare the Duke of Gordone his 
factors and chamberlands in the sd shyre specaUie recomendit. As to 
the man qrin Kinminitye is represented to be deficient the year forsaid, 
Kinmintie produced ane act and sederunt off the daite the sexteint day 
of Appryle Jajvj& and nyntie sex qrby it is clearlie understood be the 
Comissioners forsaid that the said laird of Kinminty had produced 
the persone of Alex"" Macphersone ane able and sufficient mane 
wolenteir to John Ogilvie Ensigne comissionat to accept of the 
proportione of leivie for the shyre of Banff ye sd year, which man so 
presented wes approven to be ane sufficient man be the laird of 
Birkenboige and Castelfeild appoynted be act of Counsell to see the 
levie delivered for the shyre of Banfif for the sd year, and found that he 
the sd laird of Kimintye had obeyed the act of Counsell in presenting 
ane sufficient man, and had instruments the .... upon his 
refusall of his said man, and therefter finds him free of any deficiency, 
and assollyes him therefrae in all tyme comeing, ordaineing extracts of 
these piitts to be delivered to all parties interested. 

Market Prices of Bear and Barley, 1696-7. 

The sd day there wes ane letter sub^ be the Canceler and direct 
to the Comissioners of Banffshyre, requireing the Comissioners to 
take tryall of the depositione of persones and by all uyr lawll 
evidence, what were current marckatt pryces of Bear and Barley, 
as they rulled weeklie or at least monethly from the terme of 
Candlemas Jajvj& and nyntie sex to Candlemas last past Jajvj& and 
nyntie sevin yeares, and in maner contained in the sd letter daited the 
twentie sext of Merch last : Ordaines and devyds the districts as 
followes, for the district of Banff, Keith and Cullen, the Comissioners 
formerly appoynted by Acts of Sederunt, ording the Clerk to emitt 
intima^ns to the seall districts with ane double of the said letter 
beareing the Comissioners appoynted for each district, with power to 
them to subdevyd themselves as they shall lind most reasonable, and 
appoynts there first melting in the seall districts to be one the twentie 



igO RECORDS OK THE COUNTY OF BANFF. 

fyfth of May instant, and to report ane exact account of there 
deligence in ane genii meiting of the shyre hereby appoynted to be kept 
at ffordyce the fyfteinth of Junij nixt, that ane report of there 
proceidings may be transmited to the Excequer. 

List of Local Officers qualified. 

The sd day there wes also produced ane letter derect to the 
Comissioners ffrom the Chanceler daited the fyfteinth of Appryll last, 
requireing to send to the Clerkes of Privie Councell the names of all 
persones in the shyre of the best interest whither qualified by law and 
fitt to be Captaines, with ane list of such Lyvetennents and Ensignes 
aither alradie named or to be named betwixt and the of May 

instant ; and in respect of the paucitye of the number of Comissioners 
pnt ordaines ane double of the sd letter to be sent to the districts 
forsaid, that the Comissioners may have yr thoughts yrin and signifie 
the samen to my Lord ffindlater betwixt and the sd genii meiting, that 
my Lord ffindlatter may report ane aiisr in the termes of the sd letter. 

Whitsunday Cess, Vagabonds and Beggars. 

The sd day the Comissioners appoynt the Witsonday cess to be 
levied and collected and peyt in to Burdsbank at the samen raite and 
the terms as the Candlemas cess last collected wes imposed. 

ffindlater LP.C. 

The said day the Comissioners ordaines the Justices of Peace in the 
seall devisions to tack such legal methods for freeing the countrie of 
wagabonds and beggars, that they contra veen not the act of Parliamen, 
and may have speall respect yrto. 

Quartering on the Shire. 

For the Earle of Findlater these are. 
My Noble Lord 

In obedience to yo"" comands John Donaldsone hath sent 
you heir inclosed a list of the deficients wth ther particular valuations, 
as also ane account of what is due to the party since ther coming heir. 
When yo"^ Lo hath caused it to be proportioned and signed, and sent 



QUARTERING ON THE SHIRE. I9I 

back to me, I shall isue out advertisments for payment to the Colecter 
conforme, and at piit shall add no more but that I am, 

My Noble Lord, 

Yo*" Los most obedient servant 

J. Basken. 
Banffe Agust i6 1697. 

My Lord upon receipt of yo'"s I wrot this letter, and went to Jo" 
Donaldsone to comunicat yo"" Los to him, but found he was out of 
toune, but haveing occassion to meet with him at his returne, I desyred 
him to obey the tenor of yo*" Los letter, wch he told me he could not 
doe in respect he knew not what the partes expences might amount 
too, since they were still quartering on the shyre, but wthall he hath 
promised to give yo'" Lo his sentiments of the shyres effaireas as they 
are at piit. My Lord I am a stranger both as to the defficients and the 
parties expences, and so can give no account ; but shall wait yo"" Los 
comands, which shall be obeyd by, 

My Lord, 

Yo"" Los obedient serv^ 

J. Basken. 

ffor the Right Honorable the Earle of ffindlater these. 
My noble Lord 

Being all this day from home, and hereing your Lop. had 
desyred Captain Baskein or me to attend your Lordship and the 
Comissioners to-morrow at Grange to give a list of deficients of the 
cess and a list of the parties expenss or dues, because I could not be 
accomodate of a horse to carie me on a suddent, this place being ill 
accomodat, I have sent these to tell your Lop yrof and humblie beg 
excuse. I would have sent a list, but considering that such listes must 
be publict to the heall Comissioners, and that in the begineing yrof 
my Lord Secretaries interest must be first placed, I presume to 
advyse that your Lop and my Lord Boynd and tuo or thrie neirest 
heir may meitt at Cullen or where els your Lop pleases so soone as ye 
returne from Grange, and I being called shall present the bookes, 
according whereunto measures may be taken. The parties dues cannot 
be told (on the other hand) till the publict dues be payed in, and a tym 



192 RECORDS OF THE COUNTY OF BANFF. 

yrefter allowed to pay the same to the receavers, there being as yet 
some deficients for tuo tearmes in the shyre. I beg pardon for this 
prolixitie, and conclude that according to dewtie 

I am, 
My Lord, 
Your Lops most obedient and humble svt 

J. DONALDSONE. 

Banff i6th of August 1697. 

From the foregoing two letters, it would seem that John Donaldson, 
Writer in Banff, was at this time assisting Captain Basken the County 
Clerk. 

Vagabonds, Sorners and Beggars, and the Poor. 

The exhaustion and poverty of the county at this period appear in 
the increasing vigilance of the county and burgh authorities in keeping 
sturdy beggars and vagrants within bounds ; and the " ill years of King 
William " were coincident with a re-enactment of Poor Law and a 
recrudescence of harsh hangings ^ by Sheriff and Bailies of broken men 
who robbed to keep life in. In a county like Banff, partly lowland 
and partly highland, the revolutionary war had created bands of broken 
highlandmen, and the harshness of the hangings had something of the 
political element. The peace of Ryswick in September 1697, with the 
consequent disbandment of several of the King's Scottish regiments, 
accentuated the evil. 

In 1697 the four Bailies of Banff were appointed to visit the 
town, and " to banish all loose vagabonds who cannot give ane 
account of their maner of liveing sumerly without process." On 6th 
August 1698 " the Magistrats and Counsell, considering how loose the 
countrie at present is, and how many theifts are nightlie comitted both 
in town and country, enact that from henceforth there be ane nightly 
gaurd kept within the out roome of the tolbuith to consist of ane 
commander and ten men, who are to wisset the whole towne each hour 
and the feilds nixt adjacent thereto, and to apprehend all loase or 
vagrant persones, and if any theft or thing shall fall out by the 
negligence of the gaurd they are to be countable therfor." Next year, 
on 8th June, five men and a commander were appointed as a night 
guard in Banff to prevent " the many theifts and pillfering dayly 

'See pp. 104-5. 



VAGABONDS, SORNERS, BEGGARS AND THE POOR. I93 

and nightly committed within burgh by many theifs of every age 
young and old." In Cullen in i6g8 the Council ordained that " as the 
town sustains great prejudice by stealing of corn kail and peats by the 
people of the town, who are not in capacity to maintain themselves, 
the inhabitants shall be liable for the damage done by those they 
receipt, and that none be receipted unless they can prove to the 
magistrates they can buy by themselves without prejudging their 
neighbours, and each landlord shall be liable to pay ;^io Sc. who 
harbours any person who has not a sufficient testificate from the 
minister and elders where they last lived." The next discloses a more 
lamentable state of matters. On loth July i6g8 the Kirk Session of 
Cullen gave 15s. to the bedall ^ "for burying severall poor who dyed 
through famine, and were brought dead into the churchyard." On 7th 
August 6s. were given to the kirk officer " for burying some poor 
objects who dyed through scarcity." If people so died in the fertile 
land of Ogilvie, what must have been the privations of the people in 
the more upland and highland parts of the county. 

In a postscript to their minute of 4th May 1697, the Commissioners 
of Supply directed the Justices of Peace to free the country of 
vagabonds and beggars — the usual superficial remedy of the time. 
Later on 5th November 1697 the Commissioners ordered intimation 
to be made in each parish that no person should harbour masterless 
persons or beggars, men or women, and that each parish should main- 
tain its own poor. Here was found in parochial settlement and in 
parish responsibility some solution of the question. On 13th June 
1699 the County Commissioners of Supply, on the narrative that, 
notwithstanding the extraordinary death of many people by sickness 
and famine, the people wilfully neglect to bury the dead, made neces- 
sary regulations and imposed penalties so that corpses might be 
decently interred. Next year on 19th January 1700 the Commissioners, 
on account of the excessive number of robberies in the county, made 
stringent rules against the harbouring of vagabonds, and directed that 
extraneous beggars in each parish be handed over to the Magistrates of 
Banff. In Chapter I., at pages 59 and 60, some account of the old 
Scots statutes passed to restrain vagabonds sorners and beggars has 
been brought down to 1663. In King William's reign the unusual 
poverty called for several proclamations and enactrqents. On nth 
November 1692, the Scots Privy Council appointed the heritors and 
kirk-sessions in landward parishes to make up lists of the poor within 
each parish, and to cast up the quota of what might entertain them 

' Sexton or kirk officer. 



194 RECORDS OF THE COUNTY OF BANFF. 

according to their needs, and assess therefor one half on the heritors 
and the other half on the householders of the parish. If any were 
able to work, the heritors were required to put them to work according 
to their capacities. Correction houses were ordered to be erected. In 
1693 a somewhat similar proclamation was issued for royal burghs. 
Further proclamations were issued in 1694 and 1698. These various 
proclamations of the Privy Council were ratified by the statutes of 
1695 c. 43, 1696 c. 29, and 1698 c. 21. 

Sederunt of the Commissioners of Supply of the shyre of 
Banff keept at Cullen house the fyfth day of November 
Jajvj& and fourescoir seavintein yeires. Comissioners 
present — The Earle of ffindlater. My Lord Boynd, Sir James 
Abercrombie of Birkenbog, William Dunbar of Durn, Mr. 
William Joass of Colleynard. 

Who all choised the Earle of ffindlater preses of this meiting. 

The Comissioners ordeines also intimationes to be made at each parish 
that no persone or persones qtsumr within the shyre shall harbor or 
recept intertaine or countenance any masterlese louse or broken persones 
men or woemen, and that non shall harbour or recept supply or intertein 
strong idle beggers or any beggers qtsumever save the beggers of the 
parish. And also that ilk parish doe furneish and provyde their owne 
poore, and that under the penalties and conform to the lawes and acts 
of Parliat and actes of Counsell made thereanent, with certifica°ne 
those that faillie shall be proceidit against conforme to the said lawes. 
Lykeas the Comissioners in order to ane bill and account given in to 
them befoir by George Leslie of Burdsbank anent certain depurse- 
ments of his for the common conserne of the shyre . . . the 
Comissioners have drawen bill on W"\ Dunbar sone to Durne and 
James Cock in Banff or either of them their former Collectors to pay 
the sd account to Geo. Leslie as their bill bears. 

ffindlater I.P.C. 

The Communication of Trade and Unfree Traders. 

Royal burghs in Scotland long enjoyed the exclusive privilege of 
trade. With the rise of other burghs, this vested interest countered 



THE COMMUNICATION OF TRADE AND UNFREE TRADERS. I95 

the public weal. By the Act 1672 c. 5 freedom of trade was com- 
municated to burghs of regality and barony, a concession much com- 
plained of by royal burghs as an infraction of their vested interests,' 
and as unfair because the other burghs did not contribute to public 
taxation as royal burghs did. This reform, called the Comunication 
of Trade, was, through the action of the Convention of Royal Burghs, 
modified by the act of 1690 c. 15, which restored in great part the 
privileges of royal burghs. Later in the reign of William III. a 
compromise was effected, whereby the burghs of regality and barony 
in return for the concession relieved the royal burghs of a proportion 
of said taxation. The acts of Parliament 16930. 51, 1698 c. 38 and 
c. 39, with the report of the Commission, formed under the last named 
act, detail the settlement of the controversy. The proportion trans- 
ferred to other burghs proved very inconsiderable and difficult to 
collect. In 1835 the proportion of the tax roll of the royal burghs 
so paid was only one-fortieth. The following letter by Lord Boynd, 
superior of the burgh of barony of Portsoy, and the Minutes of the 
Commissioners of Supply of 12th July 1698, and 30th April 1700, 
deal with this measure of relief. The Minute ' of the Convention of 
Royal Burghs of i8th November 1697 also elucidates the matter. 

To the Earl of Findlater. 

Boyn Nov 27 97. 
My Lord 

It wes at ffordyc that Mr Baird told me of his warrand 
for collecting from the unfrie traders particularly from Portsoy. I told 
my Lord Seafield of it presently, who told me I could not be lyable sine 
Portsoy wes discharged for bygons, and thos who traded in it did . . . 
(but I most suffer patiently such treatments). 

Your Lo knows you formerly syned ane warrand to discharg 
quartering on Portsoy, upon the production of my discharg from Mr. 
John 2 [torn] . I intreat your Lo will [send] ane new warrand for 
removing of the partie, sine the last with the discharg is in my sons 
hand, I belive with him at Edr. . . . This I hop cannot be refused in 
justic, sine your Lo is in knowledg of the wholl matter. 

My Lo, 

your most humble servant, 

Patrick Ogilvie. 

' Records of the Convention of Royal Burghs, 1677-1711, pp. 251-4. 
' Probably Mr. John Buchan, Agent of Convention of Royal Burghs. 



196 RECORDS OF THE COUNTY OF BANFF. 

ffordyce 12th of July 1698. 
Sederunt of the Commissioners of Supply of the Shyre of 
Banff, viz., My Lord Boynd, Alex^ Gordon of Achoynanie, 
The Laird of Bracco, John Junes of Edingeith, George 
Leslie of Burdsbank, Mr. William Joass of Colleynard. 
Haveing this day mett anent the partie directed by the Generall 
Receivers upon the Burgh of Banff ffor their proportione of the taxt 
roll stented upon the unfrie traders within the sd shyre, and the 
Magistrates of the sd Burgh haveing applyed to the Comissioners for 
ane equall stent of the sds unfrie traders their proportiones of the sd. 
stent both for bygones and in tymes comeing, conforme to the subtack 
granted to them by Mr. John Buchan and the actes decreites and 
proclamationes therein mentionet, ffindes that ane just stent cannot at 
present be made in respect the Comissioners doe not particularlie know 
the unfrie traders. They therfor ordein their Clerk to send out intima- 
tiones to ilk parish of the shyre to be intimat on Sunday nixt requyreing 
all heretors 1) ferenters within the shyre and the factors of such of them 
as are absent for the tyme to send in to the sds Magistrates ffull and 
true listes of all unfrie traders and tradesmen within their rexive 
heritages, and that betwix and the tuantie sixt day of July instant, to 
the effect the sds Magistrates may stent and proportione the sds bygone 
restes upon the sds unfrie traders and tradesmen by advyce of the sds 
heretors and Comissioners who are to meitt the said day for that effect, 
with certiticatione to all such as shall faill in suo doing, the sds unfrie 
traders their heall moveables shall be, conforme to the lawes made 
thereanent, escheit and they quartered upon ; and also that it shall be 
lauU to the sds Comissioners and heretors who shall meitt with the sd 
Magistrates to stent such of the unfrie traders as shall not compeir 
according as they shall have informatione of their treading. As also 
ordeines the Clerk to send out intimationes thorow the heall parishes 
of the shyre requyreing all concerned to pay in to George Leslie of 
Burdsbank their Collector the two monthes supply due at Lambes nixt 
to come, at the rate of thrie poundes one shilling and four pennies on 
each hundreth pound rent for the said tearme, and that att or befoir 
•the tenth of .August nixt to come under paine of poynding and 
quartering. Jo. Innes. Patrick Ogilvie. 

W. JoAss. A. Duff. 

A. GORDONE. 



commissioners of supply and collector, 1698. i97 

Authentication and Date of Minutes. 

At this period Minutes of meetings were indifferently authenticated 
by the signature of the preses or chairman, who added the letters I.P.C 
(in presence of the Commissioners), or by the signatures of all, or of 
as many of those present as could be got to sign. 

A note may also be added at this point regarding the method of 
writing the year of grace at this time — the transition period from the 
old to the modern method. The form Jajvj&, usually written in the 
County Minutes with a few variants seems to have originated in a 
debased writing of ImVi<= by scribes who had forgotten the original 
significance of the figures — Im written Jaj or Jay signifying one 
thousand, and VI<= meaning six hundred, debased to vj& and variants. 
A very exhaustive note, with about forty variants, is given by Dr. 
Cramond of Cullen at p. 48 of Vol. III. of Scot. Notes and Queries, 
1889. 

Commissioners of Supply and Collector, 1698. 

On 30th July 1698 Parliament voted eighteen months' cess on the 
land rent to maintain the army. The Commissioners of Supply 
appointed under this Act were those surviving Commissioners named in 
the sixth Act of the 2nd Session, the seventh Act of the 5th Session, 
and the first Act of 6th Session of William, who had qualified or 
would qualify by the first Tuesday of October 1698 ; and also : — The 
Earl Marischal, Alexander Sutherland of Kilmeinnity, Nicolas Dumbar 
of Castlefield, Robert Grant of Dunlugas, Charles Gordon of Glen- 
gerrack, James Dumbar younger of Durn, the Laird of Auchmedden, 
Robert Arbuthnot, chamberlane to the Earl Marischal. 

The financial troubles of the Collector, Burdsbank, at this time had 
reached a climax; and on nth October 1698 Nicolas Dunbar of 
Castlefield was appointed in his place, an appointment he was making 
interest for earlier, as next letter shows. John Donaldson writer of the 
letter of 6th October, who gives an account of quartering on deficients 
for all too common arrears of cess, was understudy to Captain James 
Basken, the Clerk, who was at this time an old and frail man.^ 

Castlfeild 22 Aug, 1698. 
My Lord 

What I would wreat concerning the countrey affairs or 
the familie I remitt to the bearer ; and only begs pardon for presuming 

' See letter dated 30th July, 1699, p. 204. 



198 RECORDS OF THE COUNTY OF BANFF. 

to trouble your Lop in mynding you that at CuUen the day ye went of 
I told some friends had bein desyring me to put in to be Collector of 
this new imposed cess. I then told, except your Lop and my Lord 
Viscount did judge it proper for me, I would not medle, and had 
recomended it some dayes befor to my Lady to tell you of my 
resolu^ns, who promised also to acquant my Lord Viscount her 
husband. I also imparted my project to Durn who promised to stand 
by me and assist me, but now he wreats fra Edr that your Lop and 
your sone hes proposed that post for his sone William. I made it my 
indeavour to secur some of the Comrs who wer not imbarcqued in a 
contrary faction, but if it be not your Lops and my Lord Viscounts 
positive desyr I imbrace it, I will desist and medle no farder in it, and 
tho I continew I fear my cusin Will, or I will have a hard pull for it. 
My Lord, I have given my return to Durns letter to W™. Lorimer 
unsealled yt your Lop may peruse it, and I beg your Lop will 
comunicat this letter to non except it be to my Lord Viscount, and I 
earnestly intreat your Lop would by a short lyne with William Lorimer 
signiefie your sentiments of the premisses, which will be a farder 
addition to the many former receaved favors. Cullen languishes for 
want of your Lop ; and that ye may live long and happily, and be soon 
restored to us, is the prayer of all heir and particularly of. 

My Lord, 
Your Lops most faithfull and most humble srvant 

Nicolas Dunbar. 

Quartering on Deficients. 

ffor the Right Honorable the Earle of ffindlater at Cullen house thes. 

My Lord 

Yisternigh the receavers order to four foot sojors and their 

comander to quarter on the shyre for the Lambes cess cam, and this 
day I have sent them out to your Lop and my Lord Boynd to receive 
your comandes. If your Lop will cause agree with them for a respyte 
till the money be gotten in and sent south, and order their payment 
by the Collector or order lists to be given them, your comands shall be 
obeyed. There is a late act anent quartering. I know not what it is, 
but the persones resting, save your Lop and my Lord Boynd, are not 



APPOINTMENT OF NICOLAS DUNBAR AS COLLECTOR OF CESS, igg 

considerable, qrof there is a list inclosed. All or at least most of the 
money I have gotten in is payed out. There is logtb i ss 8 d ster: 
payed of this termes cess for qch I have billes, and the heall terme is 
only igitb 14 ss ster., so the ballance due is only 82 tb 12 ss 4d ster. 
I have given this account to my Lord Boynd. 

I have not yit sein the act of Parliat anent the new cess save in 
Castelfeildes handes, nor heard any thing from your Lop anent 
acquenting the Comissioners; and yrfor on the heall I shall vaite your 
Lops comands, and I am. 

My Noble Lord, 
Your Lops most humble svant 

J. DONALDSONE. 

Banff 6th of October 1698. 

Sederunt Banff October 11 1698: — Earle of Findlater, Lord 
Boyne, Sr. Jon Gordon, Laird Troup, Forglen, Durne yr. 
Dunlugus, Edengicht, Culenwort, Castellfeild. 

Appointment of Nicolas Dunbar as Collector of Cess. 

The sd day the Shiriff deput presented ane act of Parliat dated the 
30 day of July 1698, whereby theres granted to his Matie eighteen 
months cess comencing the terme of Martimes nixt, by the wch act the 
Com'"s is appoynted to make choyse of ther oune Colector and Clerk, 
conforme wherto the Com''^ have nominat and appoynted Nicolas 
Dumbar of Castlefeild to be ther Colector for the said sess, and 
continue James Basken to be ther Clerk for the sd tyme ; and heirby 
ordaines the Clerk to send furth advertisments to the shyre for making 
payment to George Lesly of Birdsbank the two months suply payable 
at Mertimes nixt at the rate of three pounds on shilling four penies 
out of each hundreth pound of valued rent for the sd terme, as also to 
advertise all concerned to pay in to Nicolas Dumbar of Castlfeild 
Colector on months suply payable at the sd terme of the rate of thertie 
shilling eight penies Scots for every hundreth pound of valued rent, 
making in all foure pounds twelve shillings for the sd terme, and this to 
be paid at or befor the twenty of No*", next wth certification. Nota. — 
The Colector and Clerks salaries are included in the sd 4tb 12 sh. 



200 records of the county of banff. 

The Poll Tax of 1698. 
The Comrs in obedience to ane proclamation of Counsel! anent the 
gathering of the Poll money have devvded the shyre in three districts 
viz Banff Cullen and Keith; and for the district of Keith appoynts 
Kempcarne, Achyndachie, Birknburn, Edengicht, Bracko, Westertoun, 
Glengeroch and Arntilly to attend at Keith on the termes and conforme 
to the act and proclamation of Counsell, to wch district allowes the 
parishes of Kirkmichall, Inverawin, Mortlich, Skirdusten,^ Boharm, 
Botriffnie, Keith, Grange and Rothemay to come in and give up the 
list of polable persons conform to the act of Counsell : — for the district 
of Cullen the E. of Findlater, my Lord Boyne, Birkinbogg, Durne 
elder and yor, Sr Jon Gordon of Park to attend at Cullen for the end 
forsd wthin the parishes of Raffen, Bally, Fordyce, Deskfoord, 
Ordiwhill: — and for the district of Banffe appoynts my Ld Boyne, 
Troupe, Forglan, Culenwort, Dunlugus to call for and receave the 
listes of all polable persons within the parishes of Gemrie, Banffe, 
Boyndie, Alvach, Aberchirder,^ Inverkhny, Forglan, St. Fergus and 
Feterangus and Straloch and Gartly to attend at Banffe for the end 
forsd and to doe everything containd in conforme to the act of Counsell, 
and ordaines the Clk to send such intimations of the haill premisses in 
full forme to all parishes of the shyre. ffindlater I.P.C. 

For the Earle of Findlater these are. 
My Noble Lord 

I have receaved yo*" Los wth the proclamation anent the 
pol, and now it is imposible to doe more then is done already, the 
former act being obeyd and the shyre devyded in severall districts and 
Comrs appoynted for each of them. As for my self I have done what 
diligence is posible, and if the badnes of the weather doe not hinder 
bearers to travell, I hope ther shal be few parishes in the shyre 
unaquainted the nixt Lords Day. This is all the account I nou give 
yor Lo, and only add that I am. 

My Noble Lord, 
Yor Lo devoted and obedient servant 

J. Basken. 
Banffe October 20th 1698. 

' Now known as Aberlour. ' Now known as Mamoch. 



the poll tax, 1667-1698. 201 

The Poll Tax, 1667-1698. 

The Poll tax had now for some years emerged as an independent 
source of national revenue. Starting in 1667 as a measure of relief for 
heritors paying supply, continued as such in 1685^ and 1690,^ it matured 
on 29th May 1693 as an independent impost for raising revenue. On 
that date the Convention Parliament imposed a graduated poll or pole 
tax on the inhabitants of Scotland, with certain exceptions, to clear 
off arrears due by the crown to the country and to the army prior to 
I St February 1691. This Pole was farmed out and was payable at 
Martinmas 1694. The following letter from Sir James Ogilvie, 
Solicitor General, to his father gives a short account of the impost, 
and the duties of the County Commissioners of Supply in regard to it : 

Ed"". loth October 1694.'' My Lord — I did detaine the bearer till 
the Councell day was over, that I might be able to retourne yow the 
most distinct anssre. I find that as yet the commissioners have incurred 
no penaltie by not sending up ther lists, ffor most of the shyres are 
defficient ; bot no new day will be appoynted for that affect. And it 
is the desyre of the fermers of the pole that the countrey be negligent, 
ffor in that caice they are posetiwe they will exact the quadruple, and 
therfor in this countrey everiewhair the lists are complaited, att laist 
they are going about the doing of it with all dilligence. And therfor I 
doubt not the comssres of your shyre will loase no more tyme bot 
prepaire ther lists, and send exact doubles of them to the pole office in 
this place. I find lykewayes that, unless the accompts due to the 
countrey be sent over heir immediatlie, the shyre will loss the benefeit 
of retaineing, ffor the comssres can retaine nothing, bot conforme to 
staited precepts to be granted by the Lords of Theasurie. It is also 
fitt that the comissres attend the seall dyetts, which shall be appoynted 
by the fearmers, att laist so many of them as yow shall think fitt to 
appoynt for that affect ; and they are unquystionablie judges of all 
quystiones that shall aryse betuixt the countrey people and the fermers. 
As to gentlemens sones vnder the adge of sixtein, in this countrey they 
class them at sixpence, and above that age at thrie pound ; bot befor 
Mertimess this poynt will be determined by ane sentence of Councell, 
ffor I find the fermers pretends to thrie pound without distinctione of 

' The Acts of the Parliaments of Scotland, Vol. VIII., p. 483. 
'^ Ibidem, Vol. IX., p. 151. 

3 Seafield Correspondence (Scot. Hist. Socy.), pp. 152-3. 
A 2 



202 RECORDS OF THE COUNTY OF BANFF. 

adge. As to srvants without fie, and who are not intertained for charitie, 
they may be recked at sixpence. I intreat yor Lope to cause these in 
whom yow are concerned be dilHgent in prepaireing ther Hsts ; as also I 
expect the bookes of accompts and other documents in Durns hand will 
be sent up, and if they come shortly I hope to procure ane precept. . . 

The collection did not turn out a success ; and there were con- 
siderable arrears, which the farmers were anxious to profit by, as the 
penalty of non-payment was the exaction of quadruple the tax. To allow 
this would have caused much distress and discontent, and in July 1695 
an act was passed turning the tack of the poll into a collection on the 
ground that the levying of money by pole was new, and as the country 
and others concerned had not observed the rules and ordinances contained 
in the act of Parliament thereanent, the tacksmen were unable to pay the 
stipulated tack duty unless they were allowed to exact the penalties 
imposed by the act, which would have tended to the disturbance and 
oppression of the whole kingdom; therefore his Majesty liberated the 
said tacksmen from the said tack and tack duty, providing that they 
should make just count and reckoning of all their intromissions with 
the said pole money as if they had been only collectors. On 27th 
August 1695 the Committee of Parliament committed Sir John 
Cochrane of Ochiltree, Barntoun, and Sir James Oswald, farmers of 
the pole, to prison till they should give up their books and accounts 
anent the last pole. It seems they gave satisfaction to the Committee, 
for they were next day at liberty. ^ 

That same year another Poll tax, payable at Martinmas, was imposed; 
but on 13th August 1696, the Privy Council, on the narrative that the 
poll money of 1695 did still for the greater part remain unpaid, 
notwithstanding all the diligence that hitherto had been used for 
uplifting and inbringing the same, prorogated the term of payment 
until 15th October ensuing, and discharged the penalties to which 
those who had not paid were exposed. By ist April 1696 horning was 
ordered out by the Privy Council against the collectors of the pole for 
not paying in what they had collected, and for not delivering in clear 
books and lists. The inhabitants who had not " listed and payed in " 
were also to be sharply dealt with. ^ November 1697 saw extreme legal 
measures against those in Banffshire who had failed to pay the tax. On 
the i8th of that month upwards of 500 persons, who failed to compeir 
in the Sheriff Court of Banff, were ordained to pay quadruple the 
tax. The list of these deficients, given in the Transactions of the 
Banffshire Field Club of i8th December 1903, is the only extant relic 
of the Poll books of Banffshire. 

' Seafield Correspondence (Scot. Hist. Socy.), p. 168. 
' Ibidem, pp. 189, 190 and 192. 



THE POLL TAX. 203 

On 30th August 1698 Parliament ^ imposed a new Poll tax to defray 
arrears of pay due to army officers and to the captains officers and 
seamen of the frigates appointed for the defence of the coast, during 
the late war. The preceding minute and letter give the procedure 
of the Commissioners of Supply in carrying out the duties placed upon 
them in the county. 

Att ffordyce the last day of Januarie Jajvj& and fourescoir 
nyntein yeires : Sederunt of the Comissioners of Supply of 
the Shyre of Banff viz : — The Earle of ffindlater, My Lord 
Boynd, Sir Jon Gordone of Park, The Laird of fforglen. Sir 
William Dunbar of Durne, Jon Innes of Edingeith, George 
Leslie of Burdsbank, the Laird of Durne yer and M^". William 
Joass of Colleynard, who all choised the Earle of ffindlater 
for preses of this meiting. 

Proportioning the Cess. 

The sd day the Comissioners doe proportion and stent the cess 
payable at Candlmese nixt to come being thrie monethes at thrattie one 
shillinges and tuo pennies Scots money upon each hundreth pound 
valued rent of 79200 lb. valued rent of the shyre, and that monethlie 
extending for the sds thrie monethes to ffoure poundes thrattein 
shillinges and six pennies for the sd tearme ; and ordeines the Clerk to 
send out intimationes to each parish of the shyre requyreng all persones 
concerned imediatlie to pay in their cess at the sd rate to Nicolas 
Dunbar of Castelfeild Collector of the cess of the sd shyre. 

The Poll Tax. 

Lykas in regaird the Counsells proclamatione came late to this 
shyre anent the pole money, whereby those concerned have not till of 
late received advertisments tymlie to pay in their pole money, therefor 
recomend to the Earle of ffindlater and Lord Boynd to wryte to the 
ffarmer of the pole and informe theireanent, and desyre sometym may 
yit be allowed to any who have not yit payed their pole, that they may 
yit come without danger or hazard. 

FFINDLATER, LP.C. 

'The Acts of the Parliaments of Scotland, Vol. X., pp. 152-4. 



\ 
204 RECORDS OF THE COUNTY OF BANFF. 



Regulations for Burial of those who died of Famine. 

At Cullen the threteinth day of Junij Jajvj& and four score 
nynetein yeares. Sederunt : — The Earle of ffindlater, The 
Laird of fforglen, My Lord Boyne, The Laird of Durne 
yor., Sr James Abercrombie of Birkenboig, The Laird of 
Coleonard, The Laird of Bracco, The Laird of Castelfeild. 



The said day for saemuch as the inhumanitie of the peopell of the 
countrie is heightned to that degree that, notwithstanding of the 
extraordinar death of maney people in the samen by sicknes and 
famine, they willfully neglect to burie the dead or carry them to 
convenient buriall places Qrby pestilence may ensheu : Enacts and 
ordaines that all persones next adjacent, where any persone deceise, on 
ane call doe frequently meit and conveen and transport the sd deceised 
person, and give deu attendance whill the corps deceised be decently 
interred in the nixt adjacent convenient burriall place : With certifi- 
catione the refusers absent and deficients to doe there dewtye as said is 
to be fyned in twentie shillings Scots toties quoties, qch is hereby 
inacted to be exacted be the nixt Constable by order of the nixt 
Justice of Peace to be applyed be him towards the use of the poore, 
and the Constables and Justices of Pace negligent of there dewtye to 
be taken specall notice of. Thir piits signed be the preces in the name 
of the Comissers, ordaineing thir piits to be intimat at the paroche 
churches nixt Lord day, qranent the Comissioners warrand there clerk 
to issew out intimationes relative to thir piits. 

ffindlater LP.C. 

Pbr the Earle of Findlater these are. 

My Noble Lord 

I have obey'd yo"" Lo. last letter punctually, and now I must 
begg yoJ^ pardon that I am not able to attend yC meeting my selfe, 
being troubled wth the gout and other personall infirmittie, but I have 
conduced wth John Donaldsone to officiat for me and wait upon yo"" 
Lo. and the rest of the Com", who I doubt not wil be acceptable ; and 



ANENT THE POLL AND BEGGARS. 2O5 

when I receave further comands from yo"^ meeting I shall study to obey 
them so farre as is in the power of, 

My Noble Lord, 

Yo*" Lo^. devoted serv* 

J. Basken. 
Banffe July 30th 1699. 

Anent the Poll and Beggars. 
Att ffordyce the thirteinth day of November Jajvj& and four 
score nynetein yeares : Sedeiunt S"" W™ Dunbar of Durne, 
James Dunbar younger yrof and Robert Grant of Dunlugus, 
Mr. William Joass of Coleanard and Nicolas Dunbar of 
Durne.^ 



The Comissioners, haveing considered the acts of the Honll Lords 
of his Majestyes Counsell anent the Poll peyable in January nixt and 
anent beggars, ordaines the Comissioners of the seall districts to meit at 
there seall places appoynted for meitting, to witt Banff Cullen and 
Keith upon Weddensday the twentie second instant for ordereing the 
matters and contained in the saids proclamationes ; and ordaines 

intimationes yrof to be subjoyned to the intimatione of the cess, and 
that all persones lybell in Poll conveen the forsaid tymes and places, 
and class themselves and deliver the samen to there Clerk to be by him 
transmitted to the Thesaurie betwixt and the fyfteinth of December 
nixt. 

Wm. Dunbar, Rot Grantt, 
Ja. Dunbar, W. Joass, 
Nicolas Dunbar. 

Rules against harbouring of Vagabonds Etc. 

At ffordyce the nynteinth day of Jany ane thousand sevin 
hundreth yeares : Sederunt as Comissioners of Suplie : — 
My Lord Boyne, Mr. Wm. Joass of Coleonard, John Innes 
of Edingeith, James Dunbar of Durne, Sr James Aber- 
crombie of Birkenboig. 

Boyne appointed preses. The ordinary cess proportioned. 

' Clerical mistake for Castlefield. 



206 RECORDS OF THE COUNTY OF BANFF. 

The said day the Comissioners and heritors, conveened for the tyme, 
tacking to there consideratione that theiffeing pillffereing bracking of 
houses barns sheallings and rukeing of corns furth of corne yeards, 
sheep out of coats, and oyr maniefest dayhe and nighthe theiffeing 
and stealHng mightily abounds within the countrie and shyre to the 
maniefest and utter distructione of many honest and weill lyveing 
famiely, and to the great loass of many countriemen, which theifts and 
oyrs are committed pairtHe by wagabonds beggars and uyr pillffereing 
and kuneing young boyes young weemen and children, and by these 
who live in the country who have not sufficient wayes and means of 
lyvelihoode for there susteantance, and hes such insignificant and mean 
possessiones and habitationes of seall maisters and heritors and 
tenenants and subtacksmen, that it is palpable they cannot live yrby, 
without makeing use of bad ends for there lyveing and maintaineing 
themselves, and incouradges them to intyce and keep underhand 
dealleing with honest men servants to pillffer and undermyne yr 
maisters by theiffeing and stealing of yr maister effects and goods, and 
qch are often and maney recept by such kynd of persones to the great 
opprobere of the countrie and honest dealling: Therefor the Comis- 
sioners and heritors forsaids statuts inacts and ordaines that no 
extraneous wagrant or stranger beggar young or old wagrant or 
unknowen persone, without sufficient testificat seen and approven by 
ane Comissioner, kuneing young boyes or lasses beis intertained in 
meat drink or harboureing be any persone or persones qtsomever, of what 
qualitie or degree they be of, within there houses or one there lands 
steadings or there possessions any tyme or space whatsomever, under 
the penultie of three punds Scots money, toties quoties they be found 
to contraveen thir presents, and be found to have intertained or given 
meat drink or harboureing to any such persone -as is above wrii, and 
be holden esteemed and repute as airt and pairt contryver and abetter of 
there theifteous proceidings and deallings, and to be lyable processed 
and proceided agst as such confforme to the lawes and acts of Parliat 
and Counsell statute in the lyk caises, and that for the futur noe heritor 
or oyr tenents or subtenents presume or tack upon hand directly nor 
indirectly, under whatsomever coUer or pretext, to sell or give tacks or 
assedationes to noe persone or persones whatsomever under ten marks 
money of yearlie rent and dewtye, and have ane knowen honest way of 



ARREARS OF CESS. 



207 



lyveing and mantaineing themselves and families, except such are 
actuallie men servants and who work to them for their land, and such 
as tradesmen who lykways have ane honest way of lyveing, and that 
under the faillzie of twentie punds Scots money toties quoties to be 
peyed be the contraveners, besydes being lyable for all damnadges that 
may hapen to be found to be comited by any such persone harboured be 
any of them, or on there possessiones lands tacks or stedings oyrwayes 
nor is abovewriiie, as said is : And ordaines everie paroch in the 
shyre to intertaine and maintaine the poor of there owin paroches, who 
are to have testificats for the boundes yrof to be given them be the 
sessione clerks gratis for there intertainement as said is within the 
samen, conforme to the acts of Counsell in that case ordained : And 
whereever any such wagrant kuneing or extraneous begger or oyr 
persone beis found within any paroches, to be apprehendit and trans- 
mitted be heritor to heritor untill they be out of there bounds and at 
last delivered to the Magistrats of Banff, to be by them mantained and 
intertained as is injoyned and appoynted be acts of Counsell ; and 
ordaines ane double of this present act to be transmitted and intimate 
publictly with the intimationes of the cess at ilk paroch church, yt 
none pretend ignorance. 

Patrick Ogilvie, I.P.C. 



During 1699 and 1700 the Commissioners of Supply were exercised 
by a claim of the general receivers of cess, James Oswald and James 
Dunlop, for £272^ i6s. 8d. arrears of cess preceding February 1691. 
A warrant was issued at their instance on 3rd January 1699, and when 
the Commissioners met next month at Cullen on 28th February a party 
was lying on the shire for this old deficiency. The meeting referred 
the settlement of the matter to the County's agent, Mr. James Baird of 
Cullen, Writer to his Majesty's Signet, Edinburgh, and as his three 
letters to the Earl of Findlater explain the matter better than the 
formal minutes of 28th February, 9th and loth May, 13th June and 
13th November, all 1699, and 19th March 1700, these letters are given. 
The matter of the arrears on account of Lord Boyne and Lord 
Auchintoul's cess of 1689 is interesting. As Judges of the Court of 
Session in James' reign their cess was counted towards their salaries ; 
but after the Revolution no allowance was given them for the cess due 
by them at Whitsunday 1689. Hence the claim against the county for 
part of the arrears. 



208 RECORDS OF THE COUNTY OF BANFF. 



My Lord 



For the Earl of Findlater. 

Edr. 14th Jully 1699. 



Tilliebodie hes this morning payed Bracco and Birkenbogs bill, and I 
hade receaved payement of these draven upon William Dumbar some 
time befor, and I have appoynted this afternoon to meett with Sr James 
Oswald and James Dunlop in presence of fforgland on of your com- 
missioners in ordore to clearing. By the letter I sent your Lope last 
post yow will sie that the account which was inclosed yrin, and which 
they extracted from of ther books, differs both from ther ordor of 
quartering upon the shyre and the account your Lope sent to me with 
the bills, for clearing conforme thertwo. When I told them this they 
sayed ther bookes was ther rule, and that was ther chairge ; and they 
might give ordore for quartering for more or less as they pleased, bot 
yowr shyre behooved to pay up all conforme to that account or instruct 
that yow have alreadie done the same; so I expect the ballance so 
soone as is possible, ffor without both that and the Lords of Sessions 
proportion for the terme of Wittsonday 1689 I can not obtaine ane 
gerall discharge to the shyre. This forenoone in the Thearie roome in 
presence of the Lords of Thearie and my Lord Seafield I did represent 
the cace of the Lords of Session as to that termes cess, to which it was 
ansred that the caice was fully vnder considdera°ne at clearing accounts 
with Sr James Oswald and James Dunlop, and by a publict act of the 
Thearie they have discharged any allowance of that termes cess to be 
granted to the Lords of Session, declairing that the same should not be 
allowed to them in ther accounts, and the sd act is lyeing in Sr Thomas 
Moncreiff his hands. Your Lope will therfor be pleased with all 
dilligence to call a meetting, and ordore the remitting into my hand 
what is wanting upon both these accounts, that a generall discharge 
may be obtained and sent home to be regrat in your books. Moreover 
James Dunlop tells me that he hes Burdsbanks bond for 30 tib ster; 
bot that the shyre naither is discharged nor did he accept of the bond 
as payS and sayes he will quarter upon the shyre for it. I knowe not 
who wer his caurs at that time, bot by nixt I shall let your Lope 
vnderstand the matter better. I have in the mean time thought this 
advertisement due. I wish my Lady and the Maister all happieness, 



ARREARS OF CESS. 



209 



and pray for good newes concerning hir. My Lord Seafeild will be 
soone with yow. I ame, 

My Lord, 
Your Lops most deutiefull most humble and most obedient servant 

Ja. Baird. 

For the Right Honourable the Earle of ffindlater. 

Edr. i8th Jully 1699. 
My Lord 

I have alreadie acquanted your Lope that the bills sent to 
me for clearing the debentar due by the shyre of Banff to Sr James 
Oswald and James Dunlop comes short of ther chairge ag* the shyre, 
and when your Lope and the commissioners sies the account I last sent, 
yow will by compairing it with the bills and allowances to the Lords of 
Session easely sie w-hat more money will be necessary to be remitted in 
ordore to the obtaining a generall discharge. The last articles in Boyne 
and Auchentoules account of deductions viz for the terme of Wittsonday 
1689 will not at all be allowed, bot upon the contrar by a publict act of 
the Theasurie the tacksmen are expressly discharged to give any 
allowance to the Lords who wer then in office for that terme, and 
accordingly they have all payed up, so they most pay it in presently 
that the shyre be not quartered upon. My Lord Seafeild can informe 
both yo"" Lope and my Lord Boyne that he was present when I gott 
this aiisre from the Lords of the Thearie, so that my endeavors have 
not bein wanting in the matter. The tacksmen are satisfied to allowe 
all the rest of the deductions conforme to your Lopes and Mr. William 
Joss attesta°ne inclosed, bot I have returned it to your Lope that the 
then collectors (who ever they wer) may acknouleadge that they have 
gott allowance therof from the tacksmen. All this would be gone 
about als soone as is possible, for it is convenient now to have ane 
finall discharge. I ame. 

My Lord, 
Your Lops most deutiefull most humble and most obedient servant 

Ja. Baird. 

The collectors may subjoyne ther receipt of allowance to your Lops 
and Mr. Wm. Joss subscriptions, and let them except the forsd terme of 
Witts: 89 out of it. 

B Z 



210 RECORDS OF THE COUNTY OF BANFF. 

For the Earl of Findlater. 

Edr 26th Mairch 1700. 
My Lord 

I hade the honour of your Lops, and tho I doe not knowe Mr. 
Scott of Prestouns Dragoons now quartering upon the shyre of Banff, 
I ame truely sorie that he should have acted so foolishly and incon- 
sidderatly with the gentlemen of the shyre, and particularly with my 
Lord Seafeilds tennents, who is so farr removed from them himselfe, 
and that not only upon his oun account, but lykewayes upon the 
account of those gentlemen who are his constituents, who may suffer 
for his fault, tho innocent. If fforglen (who was mightely concerned 
when he receaved the first account of it) hade prosecute him so farr as 
he might have done, he would have not only gott him suspended from 
his command, which he exercises in such a tyranical maner yr, hot 
would lykewayes have got him putt to ane other way of gaining his 
bread then by the sojer craft, and that without troubling my Lord 
Seafeilds ears with it ; and his cariage deserved no better treatment, tho 
his lenety would not impose it. However I make no doubt bot Mr. 
Dunlop, by whose authority he should and does act, will make him 
senceable how farr he hes gone out of his road, and that he will find 
himselfe concerned to come and beg your Lope and my Lady Seafeild 
pardon in mor submissive termes then can be desired. 

He is ordered to remove from quartering upon the shyre with the 
pairtie under his command, being payed quartering money conforme to 
the act of Parliat for the 651 lib ijs 4d yet resting of that old debentar, 
and that only from the time of his intimation of his last ordors of 
quartering receaved from Oswald and Dunlop in January last ; and if 
he hes aither receaved money or poynded for more, he is to restore it 
againe upon his perell, and he is to be payed for no more then have 
bein actually locally quartered upon the shyre. 

I ame sorie your Lope or the Commissioners should chairge me 
with the neglect of not sending north the receipt of the 1400 lib odd 
money payed in Jully last. Its true it might have bein als well their as 
wearing in my letter case all the time since ; bot I did not think that 
they would have taken 3 quarters of a yeare to deliberate upon pay*, of 
\he ballance as they have done ; and upon the contrar I was ashure4 



Arrears of cess. 211 

money would have been immediatly sent up for clearing of it, and so I 
thought it neidless to remit home that which was presently to be 
returned back, especially seing I sent a letter of advice showeing that 
it was payed and a removal of the pairtie, and have ever keept of ane 
new on till now that I was asheamed to ask any furder forbearance; 
and your Lope and Capt Basken most bear me witnes that in many 
letters to you both I have warned the shyre of ther dainger, and as 
things have happened it is als well as it is, ffor if my letter was 
produced to Mr. Scott telling when it was payed, backed with the 
Commissioners affirming the same, he ought to have given credit to it ; 
bot for clearing all to be treuth receave it here inclosed. 

The found that is nou sent is not good yet for that ballance, being a 
bill drawen by Bracco and Birkenboge upon fforglen, Tulliebodie,^ or my 
faither in law^ payable to me. The first and last haveing non of the 
effects have refuised to accept or pay, and Tulliebodie is up the watter 
at his oun house; and truely for myselfe I hade not so much money at 
the time by me as would aiisre it, naither was it congruous for me to 
whom it was drawen payable to pay it with my oun money. It hade a 
clause in it lykewayes which rendered it some what unacceptable viz. 
that the drawers should have releife off each other, bot if I hade hade 
the money I would not have stood at all those scruples. I ame 
resolving to send ane express to Tulliebodie with it to-morrow, and if he 
refuise it, it shall be returned. Bot the clear easie and regular way 
will be to pay in the money to my Lady Seafeild, and take a plain bill 
of 4 lines for it aither upon fforglen or my faither in law, who' aiisre it 
upon sight to me or any to whom it is made payable. And this or 
some other effectual course most be presently taken or uyrwayes the 
pairtie will be ordored to quarter, bot not under the command of 
Mr. Scott. 

Its strainge that the former allowances of those times given by my 
Lords Boyne and Auchentoule then Lords of Session conforme to ther 
valoua^nes, and which was attested by some of the Commissioners, and 
was long agoe sent by me to your Lope to gett the Collectors of these 
times ther attestations or rather declara^ns, that ther was allowance 

' Alexander Abercrombie, second son of Sir Alexander Abercrombie of Birkenbog, and 
son-in-law of Bracco. 

*John Anderson, Depute Clerk of the Privy Council of Scotland. 



212 Records of the county of banff. 

therof given to them dureing the time of ther intromissions by the sds 
receavers, is not as yet returned, ffor without that, ahhough all the 
money wer heir in specie, we would obtain no generall discharge from 
them. Therfor your Lope and the Commissioners will take speciall 
nottice that that be returned in that ordore, with this receipt now sent, 
and what other receipts or payts you have credit for in the account sent 
you by Mr. Dunlop, and ther will be no difficulty to clear the whole 
matter. Ther is a removall given in the mean time, which fforglen will 
send with Mr. Dunlops letter to Mr. Scott ; and fforglen and I both are 
ingadged that no time shall be lost in remitting clearness and payt. 
What small expenses I have bein at upon this occasione or may be at I 
neid not mention, it being bot inconsidderable. I remitte it to your 
Lope and the Commissioners, and ever ame. 

My Lord, 
Your Lops most deutiefull most humble and 
most obedient ser' 

Ja. Baird. 
After wreatting of what is above, I and fforglen have conserted, and 
he hes become debtor for the money contained in Bracco and 
Birkenbogs bill, and hes drawen bill upon them for the same payable to 
my Lady Sealield at thrie dayes sight. 

The Banffshire Poll Lists of 1698. 

The two next letters may afford a clue to the discovery of the lost 
Poll books of Banffshire. 

For the Earle off Findlater. 
My Noble Lord 

In my last to your Ldsp. I gave you ane accompt that I hade 
sent south the poll lists qch were given in to me from the district off 
Banff, and with this last post I hawe receaved ye inclosed from James 
Baird upon recept of them. As for the lists I got from ye districts of 
Cullen and Keith I did according to your Lo. order send them south 
the nixt morning by post, and did wreate to James Baird to whom I 
sent them, that if he found aney difficultie in getting them taken off 
his hand he would apply to ye Laird of Forglan, who will give him his 
concurence, and when I get aney return from him I shall give your Lo. 



THE BANFFSHIRE POLL LISTS OF 1698. 213 

ane accompt therof. What further is containd in James Bairds letter 
to me your Lop. may take what course ye think fitt therin ; so wishing 
your Losp. and all yours ane happy new yeare, according to my deuty 
I subscryve myself, 

My Noble Lord, 
Yor Lops most oblidged and obedient serv^ 
Banff Decbr 23:99. J. Basken. 

For the Earle off Findlater. 
My Noble Lord, 

I told you in my last that I sent south ye lists of ye pole 
as your Lo. ordred me ; and I have now receaved ane line from James 
Baird, who tels me they came to his hand wery oportunly, and delivered 
them to Sir Thomas Moncreiff the day before the tyme apoynted by ye 
act of Parliament. He wreits in this letter anent ye debentur of the 
shyre as he did in the first, and I have showen ye leter to James Cock, 
that he may aquant your Lop therwith. 

My Lord this day I did see ane packet direct to the Shireff deput 
and desyned Collector of the poll money. I have bein att great trouble 
and expenss about that affair already, so that I am hopefull your Lop. 
will be so just as not to ingaidge me further in yt. bussiness, since I 
judge myself not to be concerned therwith ; but both in this and every 
thing els I shall still be at your Lo. disposal as it becomes. 

My Noble Lord, 
Your Lops, most oblidged and duetyfull servant 

J. Basken. 
Banff Jar 3:1700. 

The Burghs of Barony of Banffshire and the 
Communication of Trade. 

The Records of the Convention of Royal Burghs (1677-1711) at 
pp. 302-3 bear on the subject of next minute. The Burghs of Barony 
in the shire named in the said minute do not conforme to the following 
list given in 1691 by the Convention of Burghs, — " Miltoune of Ball- 
venie, Newtoune of Edinglassie, Keith, Carnousie, Newtoune of Park, 
Newmilne of Strylaie, Rothemey, all dry burghs of ane inconsiderable 
trade, Downe and Portsoy, seaports and burghs of barronie."^ In next 

'Records of Convention of Royal Burghs (1677-1711), p. 643. 



214 Records of the county oe banff. 

minute the burghs of Balvenie, Newtowne of Edinglassie and Carnousie 
are omitted, probably because they were so inconsiderable, while the 
burghs of Fordyce and Rathven are added, though not named in the 
Convention list. 

Att ffordyce the last of Appryll Jajvjj& yeres. Sederunt of 

Comissioners of Suplie of Banfshyre — Sir John Gordone of 

Park, Charles Gordon of Glengarrock, Alex"". Duff of Bracco, 

James Dunbar of Durne, Sr James Abercrombie of Birkenboig, 

Mr. William Joass of Coleonard, Nicolas Dunbar of Castelfeild. 

The said day the Commissioners of Suplie abovevrine conveened 

for the tyme have nominat and chossen Alex"". Duff of Bracco to be 

preses to this present meitteing. 

The said day the act of the Comissione of Parliament for setleing 
the comunication of traid daited at Ed'^. the twentie day of Merch 
last bypast wes presented to the saids Comissioners, qrby conforme to 
the import yrof they have caused emitt intimatione at the haill 
paroches churches of the shyre, requireing the haill inhabitants of the 
brughs of regalatie and barronie and uyrs unfree traiders to meet this 
day and place, in order to the receiving from them and to hear what 
everie brugh will offer and undertake to pey of the taxt roll of ane 
hundreth punds of the royall burrowes for obtaining the communi- 
catione of traid mentioned in the said act and former acts of Parliament 
wherto the samen relaits made yranent, and to hear what the royall 
burrowes within the said shyre shall object against the said offers, and 
to receive and consider what arguments probatione or evidence may be 
aduced hinc inde for the better staiteing and adjusteing of the said 
quota, and sett downe yr opinione yranent, and to report yr opinione 
yranent to the Comissione of Parliament or yr Clerk against the first of 
Junij next to the effect and with certificatione in maner mentioned in 
the said act of the Comissione of Parliament for setleing the said 
comunicatione : The Comissioners efter consideratione and full inquirie 
find that there is not ane brugh of regalitie within the whole Shirreff- 
dome of Banff, and so there can be noe offer made be or for them : 
Compeired Sr John Gordone of Park for his brugh of barronie of 
New Park and protested that he may be freed and the burges of his 
brugh of the stent imposed preceiding Mertimas Jajvj& and nyntie 
nyne and in tyme comeing, in respect two of the traiders of his brugh 



BURGHS OF BARONY AND THE COMMUNICATION OF TRADE. 215 

were burges of Banff and peyt scot and lot to the brugh of Banff for 
there tradeing, and ane stent being latly imposed and thraitned with ane 
panlie was forced to pey in fyftie punds to ther nominat colecter 
James Paterson in respect of the said burden and stent presently peyed: 
Q''unto ansered be the Provest of Banff, that the said two, although 
made burgesses of Banff, there admission could allow them no further 
but within the towne of Banff and liberties and teritories to trade, 
and that the inhabitants of brughs of barronie and such as shoemakers 
traidsmen weavers and sellers of sush were lyable in the stent ; and 
what wes done wes exactly conforme to the commissione and act 
made yranent and imposed be fyftein honest men enclosed in ane room 
for that end. Replyed be Sr John that he conceives the act does not 
reach traidsmen nor retaillers. Tripleyed be the Provest of Banff that 
he oppones the act and the executiones of the executer attested by his 
oath befor the Shreff, tho it is alleadged the intima^n wes blank. 

The Comissioners of the shyre have in obedience to the act of the 
Comissione for setleing the comunicatione of traid mett this day to 
hear what everie brugh of barronie and uyr unfree trader within the 
sd shyre wold offer and undertack to pey of the taxt roll of the royal 
burrowes for obtaineing the comunicatione of traid conforme to the 
act of Parliat, as also the Provest and ballzies of the brughs of Banff 
and Cullen, the only two royall brughs within the said shyre, and being 
heard to object agst the offers underwrine, the saids Comissioners 
haveing called the seall brughs of barronie they made offer of the 
particular offers following viz : S"" John Gordone of Park for his brugh 
of barronie of Newpark two pennies Scots of the taxt roll monethly, 
the laird of Boyne for Portsoy, ane brugh of barronie, made offer of 
three pennies Scots money of the taxt roll monethly, the laird of 
Glengarrock for his brugh of barronie of New Millne halfe ane penny 
monethlie, the towne of Keith ane penny Scots monethly, the brugh 
of barronie of Rothemay halfe ane penny money monethly, the 
towne of Downe halfe ane penny Scots monethlie, the Earle of 
ffindlater for the brugh of barronie of ffordyce penny Scots 

monethlie, the brugh of barronie of Rathven belonging to the deceist 
James Hay of Rannas penny Scots money monethly ; as also the 

sd Commissioners haveing found that there is noe brugh of regalitie 
within the sd shyre, and that noe oyr unfree traider wold make any 



2l6 RECORDS OF THE COUNTY OF BANFF. 

offer notwithstanding of dew and legall intimatione made for that effect 
to this day and |!)lace, as also the saids Comissioners of Suphe doe 
humblie represent to the sd right hoiiall the Comissioners of 
Parliament that the sds brughs of barronie above narratted are 
altogidder mean and depauperat without any immaginable trade and of 
werie few inhabitants and those werie mean and poor, and that they 
have noe seaports nor harbours except the brugh of Portsoy laitly 
builded qch hes but one or two inhabitants, yet for incouragment of 
traid and comunicatione yrof they humblie make the offers abovewrine, 
qch wee think is truelie more nor they are able to pey, yet in hops of 
better traid they have come the lenth forsd, and expects that the 
honll Lords of the Comissione will accept and approve of the samen: 
Compeired the Magistrats of Banff and Cullen and did acknowledg 
the meanes of and low conditione of the brughs of barronie within 
the shyre, and that there are noe brughs of regalatie, nor seaports nor 
harbours except what is above narratted, by which it may appear the 
quota laid one upon the shyre of Banff of the taxt roll for unfree traid 
is considerablie and unsuportablie heavy, yet they understand that the 
brughs @wrine offers may bear each of them some small proportione 
more nor what is offered, in respect traid hes bein discouraged by ane 
long warr and ane great and unsuportable dearth, both qch, praised be 
God, are now removed, and the offers look only to the discouradgeing 
pairt and not to the benefite they may reap by this comunicatione 
of traid, alwayes protesting that none shall have the benefite of this 
comunicatione except such as are actuall residenters and inhabitants of 
brughs of barronie and burgess yrof: To qch it is humblie repre- 
sented and ansred be the brughs of barronie forsaid, that they attest 
the Magistrats as to the werity and treuth of what is above, and that 
evin in the tyme of the most profound pace that has bein past memorie 
of man the saids brughs of barronie have never any forraigne traid nor 
are able to putt so much as ane boat to the sea, but what offer is made 
is only for the encouradgement of traid and for freeing them of futur 
servitud : The Comissioners of Suplie haveing considered the forsaid 
offers, and haveing heard the objectiones made be the burghs royall 
against the samen, they give yr oppinione that the saids brughs of 
barronie have made ane werie free and frank offer qch they expect the 
holl Comissione of Parliament will redilie accept of it, being more out 



BREWERS MONTHLY ENTRIES, 170O. 217 

of futur hops then out of any present adwantage they make the sd 
offer, and ordaines this present act to be extracted be there Clerk as 
there report and opinione of the premiss, and to be transmitted to the 
Comissione of Parhament or there Clerk betwixt and the first of Junij 
nixt be the Earle of ffindlater. 

Two months cess payable at Whitsunday stented at ;,^3:i4:6 Sc. 
monthly, including a quarter months cess payable to the Lords of 
Counsel and Session, and £ii stg. paid out by the Collector. 

A. Duff. 

Sederunt of the Comissioners of Supply of the shyre of Banff 
conveined at ffordyce the last day of Julij one thousand and 
seavin hundreth yeires. Comissioners present — The Earle of 
ffindlater, My Lord Boynd, Birkenboig, Nicolas Dunbar of 
Castelfeild, The Laird of Bracco, The Laird of Troup, The 
Laird of Glengerack, The Laird of Durne younger, The Laird 
of Colleynard, Patrick Duff of Castel [toun] , who all choised 
the Earle of ffindlater as preses. 

The Lambas cess ordered to be stented and uplifted. 

Brewers' Monthly Entries, 1700. 

The Comissioners also, according to the former divisione of the 
shyre in thrie districtes Banff, Cullen and Keith anent the excyse, doe 
ordein the Comissioners formerly named for each of the sds districtes 
to meet and convein at the sd rexive places upon Tuesday nixt the first 
Tuesday of August nixt to come, and upon the first Tuesday of every 
moneth thereafter to receive from all the brewers compeireing entries 
of their beer browen and sold and to be browen and sold by them, and 
give decreits and sentences to the tacksmen and collectors of excyse 
according to law and the Counsells acts yranent 

The Comissioners recomends to Colleynard Casteltoun and Castel- 
feild and to John Donaldsone to get up the shyres papers qch ware in 
Captane Baskein late Clerk his hands from any havers thereof, and the 
samyn to be keeped by Jon Donaldsone till the nixt melting. 

ffindlater, LP.C. 

C 2 



2l8 RECORDS OF THE COUNTY OF BANFF. 

Sederunt of the Comissioners of Supply of the shyre of Banff mett 
at ffordyce the nynthteinth day of November one thousand 
and seavin hundreth yeires. They are to say — My Lord 
Boynd, Sir WilHam Dunbar of Durne, Nicolas Dunbar of 
Castelfeild. 

The Martinmas cess stented at same rate as the Lambas cess, viz., 
£Z '■ 3/4 Scots, John Donaldson acting as Clerk. 

Egyptians and Sorners. 
Ordeines advertisment to be given to al persones to sease and 
apprehend all Egyptianes sorners vagboundes and louse idle persons, 
who can give no account of their leveing, wherevir they can be 
apprehendit within the shyre, and present them to the Shirreff that 
justice may be done on them, and to prohibit all persones to recept 
them, with certifica°ne the recepters and ther masters shall be persued 
and punished according to law by confiscatione of moveables and 
reparatione of ... . and damnages, and these intimationes are 

ordeined upon the deficients conforme to the lists of 

deficients, the samyn to be intimat to ilk deficient upon the end of ilk 
intimatione. And anent the petitione given in by the toune of Banff 
craveing the shyre would grant to them some recompence for the paines 
expendit and trubell they have bein at in guairdeing the Egyptians ' 
these threitten weikes bygon and frieing the Comissr^ of the trouble 
and expense, the Comissioners present doe think it most just and 
reasonable that the toune be recompenced and doe acknowledge a 
favoure to the countrey by the toune, and doe judge that the 
Comissioners and heretors doe franklie grant fyve shillings Scots money 
upon each hundreth poundes of valued rent of the shyre to be uplifted 
with the nixt cess, and have given a delyverance on their bill to this 
purpose. The Comissioners order the papers taken up by Jon 
Donaldsone from Captain Baskein late Clerk his sone conforme to the 
recept given by him to Alex^ Basken to lie in his handes till nixt 
meiteing. 

Patrick Ogilvie. 

W. Dunbar. 

Nicolas Dunbar, 

' §ee pp. 104-5. 



John Donaldson APPOiNtED clerk of supply. 2ig 

The Comissioners forsds doe revive the former actes of the Justices 
of Peace anent the pryces of shoes and uyr workmens work and fies, 
and parlie anent the pryce of shoes qch according to the old actes is . . 
to be tualve pennies each insch of made work best leather for single 
soled shoes, and appoynts intimationes to be made thereof with 
certificatione all contraveiners shall be conveined and proceidit agst 
according to the sds old acts of the Justices of Peace 

Patrick Ogilvie. 

W. Dunbar. 

Nicolas Dunbar. 

John Donaldson appointed Clerk to the Commissioners 

OF Supply. 

Next minute records the formal appointment of John Donaldson, 
writer in Banff, as Clerk to the Commissioners of Supply, in room of 
Captain Basken deceased. Donaldson's position was not very secure, 
and he was superseded in January 1706, when Burdsbank's son Patrick 
was appointed in his place. A letter of Burdsbank to Findlater of 
December 1702 shows that, even so early, interest was being made for 
Patrick Leslye. Donaldson emerged again in the " Fifteen," when he 
acted as factor for G. Gordon of Carnousie, the Collector appointed 
by the Earl of Mar to collect the county cess levied by the Jacobites. 

Banff the Tuantie seavinth day ffebrij Jajvij& and one yeires. 
Sederunt of the Commissioners of Supply of the shyre of 
Banff present — My Lord Boynd, Master William Joass of 
Colleynard, Sir William Dunbar of Durne Baronett, Patrick 
Duff of Castletoun, John Innes of Edingeith elder, Nicolas 
Dunbar of Castelfeild, who all choised my Lord Boynd preses 
of this meiting. 

The saids heall Comissioners elected and made choice of John 
Donaldsone wrytter in Banff to be Clerk to the Commissioners dureing 
the continewance of the present imposed cess, who made faith de fideli 
and took the oathes usuall and qualified according to law. 

Stenting the Cess and Expenses of Banff in guarding 
the Gipsies, etc. 

Of the twelve months cess imposed by the act of 31st January 
1701, two terms to ist March and ist June 1701 were stented, together 



220 RECORDS OF THE COUNTY OF BANFF. 

with five shillings (2/6 for each of said terms) to reimburse the burgh 
of Banff for expenditure exceeding ;£'40o Scots in guarding the Gipsies, 
and Collectors and Clerks fees and Post dues — making in all £3 : 5/10 
Scots on each ;f 100 Scots of valued rent. 

The meeting revi^'ed the former acts of the Justices of Peace, in- 
cluding those anent Gipsies. 

And the heall Comissioners have desyred my Lord Boynd to 
subscryve this their act for them as preses. 

Patrick Ogilvie, I.P.C. 

The Collector's Discharge and Bond of Caution. 

FFORDYCE the 27th of May Jajvij& and one yeires. Sederunt of 
the Comissioners of Supply of the shyre of Banff present 
viz. — The Earle of ffindlater, Mr. William Joass of Colleynard, 
The Laird of Durne yor, Nicolas Dunbar of Castelfeild . . . 
who choised the Earle of ffindlater preses. The last sederunt 
red. 
Discharges to the Collector of cess by the Depute Receiver for 
the amounts due at Whitsunday Lambas and Martinmas were produced. 
The Collector gave in a bond of caution with John Ogilvie, Collector of 
Customs, Inverness, and James Stuart at Reidhythe as his cautioners for 
the twelve months' cess imposed by the act of January last. The sum of 
£75 Scots disbursed by the Commissioners' agent James Baird, Edin- 
burgh, on account of the Gipsies was ordered to be stented. The cess 
as stented at last sederunt was continued, and the contribution of a half 
crown rate to Banff to be collected in June was put off to November. 
A sum of £^0 Scots paid by the Collector for removal of a party 
quartering on the shire was stented on those deficient. 

And this their act is subscryved by the Earle of ffindlater preses in 
name and at desyre of the remanent Comissioners. The Comissioners 
revewes the former acts anent the Justices of Peace and the Gipsies, 
and ordeins the Clerk to insert the same in the intimations. 

ffindlater, lp.c. 

Tacksman of Excise and Brewers. 

Att Banff the seavinth day of October Jajvij& and one yeares. 

Sederunt of the Comissioners of Supply of the shyre of Banff 

pnt viz. : — Sir Jon Gordon of Park Knight and Barronct, Mr. 

William Joass of Colleynard, and Nicolas Dunbar of Castel- 



THE TACKSMAN OF EXCISE AND BREWERS. 221 

feild, who all in one voice choysed the sd Sr Jon Gordon as 

preses. 
Anent the intimationes by order of the Earle of ffindlater Conveiner 
and the sd Nicolas Dunbar Shreff deput sent throw the heall 
Comissioners for meitting this day and place in obedience of the 
Counsells proclamation e dateit the fyfth day of August last past anent 
the excyse : The Comissioners considering that no tacksman collector 
or subtacksman of excyse did compeire, and that severall brewers 
haveing tackes think themselves by their tackes secure, they judge and 
think proper that all brewers haveing tackes shall not be troubled 
with any meiteinges dureing their tackes, but only at such tymes as they 
shall be called by the tacksmen for payment of their quarterlie excyse, 
and such as have no tackes, in respect no tacksman appeires, the 
Comissioners liberat them of any non entries untill the nixt sederunt, 
qch they appoynt to be at ffordyce on Tuesday the fourteinth instant, 
to qch day the Comissioners present, in respect of the small number 
conveined, doe adjorne this meiteing, and ordein the Clerk to send out 
intimationes thereof to the sd 14th instant requyreing the Comissioners 
to meit punctuallie ffor the ends forsd, and also for stenting the nixt 
tuo monethes cess, and for appoynting Justice of Peace courtes. And 
the sd preses hes comanded their Clerk to subscryve the present act. 

Att ffordyce the fourteinth day of October Jajvjj& one yeares. 
Sederunt of the Comissioners of Supply of the shyre of Banff, 
viz. : — The Earle of ffindlater. The Lairds of Birkenboig, 
Durne younger, Kinminitie, Glengerack, Colleynard and Nicolas 
Dunbar of Castelfeild Shreff deput, who all choised the sd 
Earle of ffindlater preses. 

The Cess. 
And they all ordein the cess for the two monethes due the first of 
November nixt to come to be payed in to Nicolas Dunbar of Castel- 
feild their Collector, and doe stent divyde and proportione the same as 
followes viz : at thrie poundes and fyve shillinges Scots money upon 
each hundreth poundes of valued rent of 79200 pounds of valued rent 
of the shyre, out of qch the cess is to be payed primo loco, the Collector 
and Clerks fies in the nixt place, and tualve shillinges Scots money 



±±2 Records of the county of banfF. 

weiklie from the sd first of November nixt to ane Post to be 
esteablished to goe from Banff to Keith for carieing letters to and 
from that place to Banff, thence to be conveyed to Edr and elsewhere 
by post for the ordinarie postage ; and the remanent of the sd thrie 
poundes and fyve shillinges the Comissioners allow to Castelfeild for 
his paines and expenses anent the Gipsies ; and the Comissioners do at 
this tym suspend the second moyetie of the money qch was granted to 
the toune of Banff anent the Gipsies untill furder conveinencie and 

consideration 

Poll Money. 

Lykeas the said Nicolas Dunbar hes given in ... . ane recept 
and obleighment by William Cochran of fferguslie to the collector 
beareing Jon Laynge factor for fferguslie his recept ingrost verbatim of 
the Pole money in alio 1699 yeires. The obleighment and recept is 
dateit the tuantie nynth day of November 1699 yeires, as also the 
extract of fferguslies factorie to the sd Jon Laynge regratd in Banff 
the 19th day of May 1699 yeires, and the Pole book of the shyre of 
Banff for the yeire 1700 with the said William Cochran his recept on 
the end yrof dateit the 6th of August 1701, which heall wryttes the 
sds Comissioners have given in to their clerk to be keeped by him and 
made furth comeing when requyred ; and ordeines extractes heirof to be 
given to the sd Nicolas Dunbar under their clerkes hands, qch shall be 
sufficient warrand and discharge to him thereanent. 

Servants' Fees. 
ffurder the Comissioners doe revive the fformer actes of the Justices 
of Peace anent servantes fies and the lyke, and now as off befoir divydes 
the shyre in thrie districtes viz. Banff Cullen and Keath, appoynteing 
the parishes of St ffergus, Gemrie, Banff, Alvach,* Inverkeithnie, fforglen, 
Aberchirder and Rothemey to the district of Banff; and Bellie, Rathven, 
Deskfoord, ffordyce, Boyndie and Ordewhile to the district of Cullen ; 
and the remanent parishes of the shyre to the district of Keith, and 
appoyntes the Comissioners of ilk district to meitt at their severall 
districtes on the first Tuesday of November nixt to come for the first 
dyett, and to appoynt clerkes and officers and all uther members of 
court necessar and from tym to tym to adjorne ; and the Comissioners 
grant warrand in the rexive districtes to issue comandes and citationes 



EXCISE ON MALT, ALE AND AQUA VITAE. 223 

to ilk heretor to cause their ground officers call in befor the several! 
districtes all tennents servantes and wthers for takeing tryall of 
delinquents and breakeres of the saids actes and statutes .... 

ffindlater, i.p.c. 

The Excise on Malt, Ale and Aqua Vitae. 

The act of Parliament of 29th March 1661, which annexed to Charles 
II. for life a long list of customs and excise duties, was continued by 
the act of 6th September 1671, which annexed to the sovereign for five 
years after the death of Charles these duties, the excise of two merks 
on each boll of malt brewed and sold as ale or aqua vitae being 
specially mentioned. These acts were re-enacted'^ in the first session 
of James' Parliament in 1686, when the old excise was annexed to the 
king and his lawful heirs and successors for ever. This old excise was 
accordingly carried over to William III. 

After the Revolution on 5th May 1693 ^ Parliament, in addition to the 
above excise so annexed to the crown, on the narrative that the greater 
number of forces then to be levied required support, voted an excise of 
three pence on each pint of ale and two shillings on each pint of aqua 
vitae made of malt, from ist June 1693 to ist May 1695, the tax to be 
paid quarterly. To raise, order and inbring this tax the Commissioners 
of Supply of the various counties were designated the Commissioners 
of Excise. Questions arising between brewers and tacksmen were 
accordingly regulated by the Commissioners of Supply. ^ After the 
expiry of this additional excise. Parliament, on 25th July 1695,'^ as war 
was still in progress, continued the impost, with this modification that 
the additional excise on beer was reduced to twopence per pint from 
threepence. Further, on the narrative that greater consumption of 
liquor and better quality would arise for all concerned if the old excise 
on malt were laid on liquor, the excise of two merks per boll of malt 
was converted into a tax of threepence per pint of ale and three shillings 
per pint of aqua vitae brewed from malt. The Commissioners of Supply 
were continued as the Commissioners of Excise. 

The excise act of 1696^ continued the additional excise at the 
modified rate of one penny on the pint of ale and one shilling on the 
pint of aqua vitae for the year from ist March 1697 to ist March 1698, 
and at three pennies on the pint of ale and three shillings on the pint 
of aqua vitae from ist March 1698 to ist March 1699. To enable the 
additional excise and the old annexed excise to be collected, the retail 

• The Acts of the Parlianaents of Scotland, Vol. VIII., p. 460. 
'Ibidem, Vol. IX., pp. 2545. 3 See pp. 172-176. 
< The Acts of the Parliaments of Scotland, Vol. IX., pp. 451-2, 
5 Jbidem, Vol. X., pp. 31-?, 



224 RECORDS OF THE COUNTY OF BANFF. 

prices of ale and of aqua vitae were fixed. The Commissioners of Supply 
were appointed to raise and inbring the tax. They were also directed 
to be judges of the entries of all brewers and the control thereof, 
and were authorised generally to dispose of all questions arising 
between tacksmen and brewers. They were directed to see that there 
was no quartering for arrears of excise except b}' their order. Penalties 
were further imposed on tacksmen if they levied the excise on malt 
and not on liquor. This resume may somewhat elucidate the former 
references to excise in this chapter, and those occurring in the fol- 
lowing minutes dealing with brewers' renunciations, entries etc. For 
further information on Scots ale and aqua vitae, reference is made to 
Dr. Cramond " On Scots Drink," and Sheriff Scott Moncrieifs note on 
the early use of aqua vitae in Scotland in the Proceedings of the Society 
of Antiquaries of Scotland, loth April igi6. 

Banff 29th of Janry 1702 yeires. Sederunt of the Comissioners of 
Supply of Banffshyre. Conveined — The Lairds of Troup and 
Colleynard and Castelfeild Shreff deput of Banffshyre. 
The sd day compeired Robert Strachan in ffindon, James Mair at 
Overmylne, William Willox in ffarniebrea, and Andrew Greig in 
Minonie, and Janet Durham spouse to William Chalmer in ffindon, and 
produced ane renunciatione of their breweing after the first of March 
nixt to come conforme to their renuncea^nes dateit this day and date, 
also compeared James Cock, Toune Clerk of Banff, and produced ane 
renuncia°ne of the date and contents abovewrin and craived to be fried 
of breweing thereafter: Compeired Jon Donaldsone for Captain Grant of 
Kirdells, Collector of the Excyse of Banffshyre, and alledgit this day is 
not a day to the purpose, seeing ilk first Tuesday of every moneth are 
appoynted to make entries and consequently to make renuncia°nes, and 
this being the last Thursday of Janry, it is no day to this purpose. 
2'^° He is not called to that purpose. 3'° The heades and narative of the 
renuncea°nes are not made appear. 4'° The actes of Par. and Counsell 
are not fulfilled by giveing surties in the tearmes yrof. Whereto James 
Cock for himself and in name of the uyr brewers answrs, that albeit 
entries be appoynted to be given ilk first Tuesday of the moneth, yet 
renuncea^nes may be given in piis of two Comissioners at any tym 
conforme to actes of Par. and Counsell. 2^^° There is no necessitie to 
call the Collector, being only obleigt to renounce in presence of two 
Comissioners. 3'° There is no neid to make the heads of the 



ACTION BY TACKSMAN OF POLL FOR QUADRUPLE. 225 

renuncea^ne appeir farder then is conteined in the renunciaones 
themselves. To the fourth : — There is no necessitie for giveing suirtie, 
neither does the law requyre save only not to brew for fyve yeires 
therafter which they will not refuise, but, if there be necessitie of suirtie, 
they offer sufficient suirtie in the tearmes of the law. The Comissioners 
haveing considered the renuncea°nes admittes yrof, and repelles the 
objectiones in respect of the ansrs thereto. 

Alexr. Gairdne. 

W. JOASS. 

Nicolas Dunbar. 
Day foirsd Janet Durham spouse to William Chalmer in ffindon 
produced ane renuncea°ne of the tearme foirsd, as also Jon Geddes, 
Walter Davie, Jon Davidson, Robert Mertimer, Alex"". Mooresone and 
W'". Strachan brewers in Banff gave in ane renuncea°ne of the lyke 
tenor and contents, agt qch the former objections ware proponed with 
protestatione to ad farder, which the Comissioners admittes and 
repelles ut supra, and admittes the renuncea°nes. 

Alexr. Gairdne. 

W. JOASS. 

Nicolas Dunbar. 

Att ffordyce the tenth day of ffebry 1702 yeirs. Sederunt of the 
Commissioners of Supply of the shyre of Banff. Present — 
The Harle of ffindlater. The Lairdes of Park, Durne, Birken- 
boig, Kinminitie, Dunlugas, Durne younger, Colleynard, Edin- 
geith, Glengerack and Castelfeild, who by pluralitie of voices 
choised the Earle of ffindlater preses. 

Action by the Tacksman of the Poll for Quadruple. 
Anent the actione intentit by Hugh Cochran brother to and factor 
for William Cochran of fferguslie. Tacksman of the two Poles in @nn 
1699 and 1700 befor the Shirreff of Banff ffor the quadruples off the 
Pole collet^ due the saids yeires, alsweill agt those who have payed as 
against uthrs. Notwithstanding of the defence of prescriptione 
proponed against the same upon the last paragraph of the act of 
Parliatt, the heall Comissioners in one voice doe judge the prescriptione 
does defend those who have payed, and therefor orders the Shreif 

D 2 



226 RECORDS OF THE COUNTY OF BANFF. 

deput to sist proces untill a returne be had from the Counsell anent the 
same, and doe all judge it convenient and expedient that a gentleman be 
sent south with recomendationes from the Earle of ffindlater and 
orders and intimationes given him to consult advocattes and petitione 
the Counsell thereanent. And all doe name William Dunbar younger 
of Castelfeild to be the man to go about the same, and appoyntes to 
him the sowme of two hundreth poundes Scots ffor his paines, and his 
depursements to be stented and inbrought with the nixt tearmes cess, 
and recomendes to the Collector to make advances to that effect, qrof he 
shall be reimbursed out of the fondes foirsd. 

Servants' Fees. 
The Comissioners foirsd doe enact statute and ordeine that the 
Justices of Peace of this shyre doe meit at their severall districtes upon 
the first Tuesday of March nixt to come, and there revive and putt in 
executione the former actes statutes and rules made anent servantes 
fies and uther thinges of that nature ; and Sir Jon Gordon of Park hes 
friedome to joyne himself to any district he pleases. 

The Post from Banff to Aberdeen. 
The saids Comissioners also in relatione to the Post Office ordein a 
runer to be established from Banff to Aberdein from the shyre, haveing 
the former allowance given to postes off befoir weiklie, which is to be 
laide on with the nixt termes cess; and ordeines the Collector to advance 
money to the sd runer, the towne of Banff alwayes keeping a runer 

from them as befoir. 

ffindlater, I.P.C. 

Regulation of Wages by Justices of the Peace. 

By the ruling statute passed on gth July 1661, regulating the powers 
of Justices of the Peace,^ these in their various counties were directed 
to convene four times each year in quarter sessions on the first 
Tuesdays of March, May, August and October, and inter alia " by 
mutuall and conjunct advice make and rectifie ordinances for the fies 
of servants, shearers in harvest and other labouring men, appoint 
prices for all handle crafts, elect or continue constables, etc." A later 
section of the statute with some redundancy and a contradiction in 

»Tb? AQt$ of the Parliaments of Scotland, Vol. VIL, pp. 3089. 



kEGULAtlON OF WAGES BY JUSTICES OF PEACE. 22^ 

naming February as a date for quarter sessions continues: — "They 
shall appoint at the quarter sessions to be keept in August and 
ffebruary the ordinarie hyre and wages of laboure workmen and 
servants, and who shall refuise to serve upon the price set doun by 
them shall be imprissoned and further punished at their discretion." 
They were further authorised to set a price upon " craftsmen work 
. . . . together with the price of shearers fies and to punish the 
contraveeners as appearteaneth." At this period, when the economic 
state of the country was just emerging from a long foreign war and a 
succession of bad harvests, there seems to have been more than usual 
activity on the part of justices in ordering the wages of workmen. 
These powers of fixing wages were repealed by 53 Geo. III. c. 40. 

Appointment of Constables. 

In consequence of this revived interest m servants' fees, con- 
stables were freely appointed in the various parishes of the county 
as executive officers of the Justices. Their powers were early regulated 
by the 8th act of the 22nd Parliament of James VI. (1617), and subse- 
quently by the act of Charles II. (1661) above noted. Constables were 
chosen by the Justices of Peace in quarter sessions, two or more for 
each parish, and were in their respective parishes the executors of the 
precepts and warrants of the Justices of Peace. 

Banff the 3d of March 1702. 

Sederunt of the Comissioners of Supply and Justices of Peace of 

the shyre of Banff viz. : — Robert Grant of Dunlugas and Mr. 

William Joass of Colleynard and Alexr. Leslie of Kininvie, 

who haveing this day mett conforme to the last act and 

ordinance of the Comissioners of the tenth last past. 

The saids Comissioners and Justices of Peace have named the 

followeing persone in each parish to be constables to the sds Justices, 

viz., in Banff parish George fforsyth in Culbuchlie, James Simpson in 

Blairshinach, and Walter Gate at Mylne of Ealehouseburne. In 

Alvach parish Jon Brodie at Mylne of Brydock, Alexr. Mylne at 

Mylne of Alvach, James Syme in Dunlugas and James Ogilvie in 

Newtoun. In fforglen parish George Wobster in Kirktoun of fforglen, 

George Cow in Alton n of Carnowsie and George Gairdne at Mylne of 

Ribrae. In Aberchirder James Barron in Tillifafe, James Abernethie 

of Barrie and John Adam in Cranno. In Rothemey George ffordyce in 



228 RECORDS OF THE COUNTY OF BANFF. 

Achincreive, Patrick Grant in Achincleich, George Allan in Turtrie. 
In Gemrie James Wood in Doune, William Measone in Cushnie and 
James Ross in ffortrie. In Inverkeithnie Gavin Low in Balnoon ; and 
in St. ffergus and ffetterangus the Earl Marischalles chamberlane to 
name such as he pleases and ffinds convenient ; all whom the sds 
Justices of Peace doe ordein to be warned by ane order to be sent out 
by the Clerk to the readers of each of the saids parishes to be read on 
a Sunday after divyne service befor the day after mentionat, to 
compeir befor the sds Justices of Peace at Banff upon the seavinteinth 
day of March instant to accept of the sd office, and to make faith de 
fideli, and also to bring with them dilationes of all irregular fieingcs 
of srvantes, extravagant fies and pryces of workmens work and wages 
contrarie to the former acts and regulationes of the sds Justices, and 
speciallie of those who have unseasonablie and unwarrantablie fied 
against the nixt terme, with certificaone all neglecters of these orders 
shall be lyable according as the sds Justices shall sie cause. The saids 
Justices doe enact that no servant doe lye idle on account of harvest 
fies, with certifica^ne they shall be fyned in ten poundes Scots toties 
quoties, and the challenger shall have right to the idle persones srvice at 
the rates of the sds actes and regulationes, and that no minister doe 
give testificates to any persones pretending to goe out of the district 
for service elsewhere, and such as shall without testificattes goe and 
leave the district it is declaired laull for the constables or any uther 
persone to apprehend them and present them to the nixt Justice of 
Pace, till they find suirtie for their deportment according to law. And 
the sds Justices have subscryved this their act. 

Rot. Grantt. 

W. JOASS. 

Alexr. Leslie. 

Banff 23d of Aprill 1702 yeires. 

Sederunt of the Comissioners of Supply and Justices of Peace of 

the shyre of Banff within the District of Banff conveined viz. : 

Dunlugus, CoUeynard and Kininvie, Provest of Banff. 

Haveing this day mett according to the last appoyntment, and the 

Clerk haveing given in ane extract of the old actes of the Justices of 

Peace in this shyre made in @no 1665 with ane extract of the actes 



THE OLD ACTS OF THE JUSTICES OF PEACE, 1665. 229 

and regulationes of the shyre of Aberdein, which being considered by 
them they ffind they cannot of themselves enter the old actes of the 
shyre, the samyn haveing bein by several of their former actes revived, 
unles the samyn be done in ane publict meiteing ; and yrfor till new 
alterationes be made of the sds regulationes by the generall meiteing 
appoynted at ffordyce on the fyfth of May nixt to come (if any shall be), 
they ordein their Clerk to send to each parish of the district ane 
double of the sds old actes and regulationes to ilk parish within the 
district, and appoyntes the second Tuesday of Junij nixt to come at 
this place to be their nixt meiteing, and the heall constables to convein 
and be present that day, and the Clerk to adverteis them yrof and to 
bring in dilationes and give citationes to persones contraveiners as the [y] 
will be ansrable. They doe admitt Alexr. Blaickett in Deyhill to be 
one of their officers within this district who compeireing made faith de 
fideli. The constables compeireing made no dilationes because they 
have not yet received instructiones and informatione of the actes and 
regulationes. But the heall constables are ordeined to be punctuall 
and keip at the nixt meiteing as said is with certificatione. 

Rot. Grantt. 

W. JOASS. 

Alexr. Leslie. 

Att ffordyce the ffyfth day of Maij Jayvij& and two yeires. 
Sederunt of the Comissioners of Supply and Justices of Peace 
of the shyre of Banff viz. — The Earle of ffindlater, Sir James 
Abercrombie of Birkenboig, Sir William Dunbar of Durne, 
Barronettes, The Lairdes of Durne younger, Kinminitie, Glen- 
gerack, ^ Colleynard, and Castelfeild, who all choised the Earle 
of ffindlater preses. 

The Oaths of Allegiance and Assurance. 

The saids heall Comissioners in obedience to the late act of Councell 
for takeing and sweareing the oath of alledgeance and subscryveing the 
same with the assurance with their Collector and Clerk have sworne 
the sd oath and sub' the same and assureance in maner foUoweing : — 

[See facsimile of oaths and signatures in adjoining illustration.] 

' The name is interlined in faint ink. 



^^6 Records of the county of banfi?. 

The Stent to Banff and the Cess, etc. 

Thereafter the last sederunt of the loth of ffebry last being redd, as 
also ane former act of the 27th of ffebry 1702 yeires anent ane stent to 
the toune of Banff of two shillinges and six pennies Scots on each 
hundreth pounds rent at two tearmes, the first tearme yrof being payed, 
it was voted whither or not the sd act should be continowed for 
the second of the sds tearmes or be rescindit. The Comi^^ by 
pluralitie of votes rescind the sd act as to the sd second moyetie and as 
to the sd last sederunt. 

William Dunbar compeireing gave account to the heall Comissioners 
present of his diligence in his negotiation thereby comitted to him, 
whereof the Comissioners doe approve, and besyde the reward formerly 
proposed to him qch is to be payed in maner underwrin they give him 
their thankes publictlie, and doe ordein the two monthes cess payable 
at Witsunday nixt and the uther two payable at Lambes thereafter 
to be stented and proportioned as followes viz. : Thrie poundes six 
shillinges and six pennies Scots moey ffor the nixt ensueing Witsun- 
dayes tearme, and thrie poundes six shillinges and eight pennies money 
forsd ffor the sd tearme of Lambes thereafter, out of qch they ordein 
the cess being elevin hundredth and fyftie poundes four shillinges Scots 
money monethlie, and the Collector and Clerk fies being thrattie pound 
sterling in the yeir, and qrof two pairtes are to be collected at the sds 
tearms (the uther third pairt being left till Mertimes nixt) and the Post 
dues being thriescoir two poundes eight shillinges money forsd to be 
divydit as said is, and the two hundreth pounds which was by the said 
last sederunt ordeined to be given to William Dunbar for his paines to 
be payed ; and ordeines the Clerk to send intimationes throw the heall 
parishes of the shyre ordeineing all persones concerned to pay in the 
samyn to Nicolas Dunbar Castelfeild their Collector betwixt and the 
twantieth day of May instant under paine of poynding and quartering. 
As also recomends to Colleynard to stent on the deficients the 
deficiencie payed by the Collector to the partie sent to quarter for the 
last tearmes cess, and ordeines intimationes yrof to be sent out with 
the sd nixt tearmes intimatione. 

The Harvest Fees of Shearers. 
The sds Comissioners as Justices of Peace doe ordein that the ffies 



HARVEST FEES OF SHEARERS. 23I 

to be given to shearers in harvest tym shall be ffyve poundes the best 
man hooke and fyve merkes the best wooman hooke without any more, 
and proportionallie to uther hookes of lesser abilitie, and that no hooke 
shall be fied for heireafter befor the tenth of Junij : Declaires all huikes 
alreadie fie or to be fied befor the sd tent day of Junij the engadgement 
to be null and both parties to be fyneable according to law, and 
ordeines srvants and masters to attend the rexive dyetts to be appoynted 
to them by the Comissioners or constables as they shall appoynt for 
cleireing themselves upon oath both as to the former regulationes and 
also as to this anent harvest fies includeing tradesmen. They also 
declair the regulationes off befoir made to comence at Mertimes last 
past notwithstanding any ingadgement made, and these also to be 
intimat with the intima^nes anent the cess. And the Comissioners 
desyre and give their authoritie to the Earle of ffindlater their preses 
to subscryve this their act. 

ffindlater, i.p.c. 

Appointment of Parish Deacons of Crafts. 

Banff 9th of Junij 1702. — Sederunt of the Justices of Peace of the 
District of Banff conveined this day to witt Robert Grant of 
Dunlugas and Mr. William Joass of Colleynard. The said 
Robert Grant qualified and swore the oath of alledgeance to 
Quein Ann and subscryved the samyn and assureance with the 
uther Comissioners. The court fenced as use is. 

The sd day compeired James Home in Easter Hagges, and did 
accept of the office of a constable and made faith de fideli. The 
Justices of Peace doe give comissione to the constables in each parish 
to choise deakons of craftes in each parish, and ordeines the heall 
constables and deakones to compeir and meitt att the nixt meiteing of 
the Justices, which they appoynt to be upon the second Tuesday of 
July nixt to come. 

The Justices, because only two of the constables appointed 
appeared, and only five sent excuses, fined the remainder £50 Scots 
each. 

Rot. Grantt. 
W. Joass, 



232 RECORDS OF THE COUNTY OF BANFF. 

Sederunt of Justices of Peace of the District of Banff holden 

within the Tolbuith of Banff by Robert Grant of Dunlugas 

and Mr. WilHam Joass of Colleynard Justices of Peace the 

seavinteinth day of July Jajvij& and two yeirs. 

The constables being called and most of them compeireing declaired 

they had chosen deakones of each craft within their parishes, who 

being all called and compeireand made faith de fideli administratione. 

And the constables being inquyred, if they had any dilationes to make 

of any enormities in their rexive parishes, declaired they have non save 

only that most of the fies are meane, and yrfor intreat the Justices 

present may represent the same to the nixt generall meiting of the heall 

Justices of Peace; and the Justices doe promeis to doe the same, and to 

make intimatione to some of the neirest constables to attend the sd 

generall meiting, and till then the Justices continowes all matters and 

adjorne this meiteing till new appoyntment. Recomends to Craig 

Jonstoun to send in to the nixt meiteing two honest weill qualified 

men to be constables in place of the former. 

Rot. Grantt. 
W. Joass. 

Though a new reign had commenced with the accession of Queen 
Anne on 8th March 1702, the old Convention Parliament elected in 
1689 was summoned to meet on gth June the same year. On igth June 
it voted ten and one half months' cess to meet military and naval 
expenditure caused by the war of the Spanish succession. The Com- 
missioners of Supply appointed then for Banffshire ^ were those named 
in previous sessions of this Parliament who had qualified and were 
alive, with the following additions: — George Gordon of Carnousie, Mr. 
Andrew Hay of Montblairie, James Gordon of Ardmalie, John Cuthbert 
of Brackinhills, William Gordon of Birkinburn younger, Alexander 
Abercromby of Glassa, John Dunbar of Kirkhill, James Duff of Cromby, 
Alexander Wilson of Littlefield, Alexander Abercromby of Skeith, 
Major Anderson of Westertoun. Writing ^ to the Earl of Findlater on 
25th May 1702, Glassaugh asks him to "mind the adding of Comm*^. 
of Supply and Justices of Pace to witt Carnowcie, Munblarie, Kirkhill, 
young Birkenburn, Cromie, Ardmelie and Meyen," which was thus 
substantially effected. 

' The Acts of the Parliaments of Scotland, Vol. XL, p. 23. 
» Seafield Correspondence (Scot. Hist. Socy.), pp. 354-5. 



SERVANTS FEES. 233 

As the various Commissioners of Supply and Justices of Peace 
attended their first meeting in the new reign, they quahfied themselves 
by taking and subscribing the oaths of allegiance and assurance, and 
their signatures were from time to time added to the act in the sederunt 
of 5th May 1702. 

Att Banff the 15th of October 1702 yeires : Sederunt of Comis- 
sioners of Supply of the shyre of Banff, Comissioners 
present — The Earle of ffindlater. My Lord Boynd, Birkenboig, 
fforglen, Troup, Kinminitie, Glengerrack, Edingeith, Colleynard, 
Burdsbank and Castelfeild, who all choised the Earle of 
ffindlater preses. 

The Comissioners now present who ware not at the last sederunt 
viz.. My Lord Boynd, fforglen, Dunlugas, Edingeith, Burdsbank did 
sweare the oath of alledgance and subscryve the samyn and assureance 
as also the Laird of Troupe. 

The Commissioners fix the salary of the Collector at ^^20 stg., 
of the Clerk at ;£"io stg., and of the Post at £s 4^- stg. all yearly, 
to be collected with the cess. Cess due at Martinmas imposed. 

The saids Comissioners also as Justices of the Peace doe appoynt 
ane meiteing of the Justices of Peace of the district of Cullen to be att 
Cullen on ffryday come eight dayes the tuantie third instant ; and doe 
prohibite and discharge any masters within the shyre to pay to any 
servantes or shearers any bygon fies or for this current terme due to 
them untill tuantie dayes be past after the terme of Mertimes nixt to 
come, that it be knowen who have contraveined the actes ; and doe 
appoynt the heale Comissioners of the uther districtes to appoynt 
peremptor dyetts within their owne districtes to meitt and putt the 
lawes in executione, and that under the penalties conteined in the 
lawes made yranent. 

The Collector produced two discharges from the General Receiver 
for the cess due on ist March, ist June and ist November 1701, and at 
Whitsunday 1702. Intimation ordered through the several parish 
churches that the Martinmas cess be paid to the Collector immediately 
after the term. 

FFINDLATER, LP.C. 
E 2 



234 RECORDS OF THE COUNTY OF BANFF. 

Sederunt of the Justices of Peace of the shyre of Banff within 
the Banff district, Justices present — My Lord Boynd, 
Colleynard and Kininvie, at Banff the 26th of Nover 1702 
yeirs. 

The said day John Dunbar of Kirkhill named one of the Comis- 
sioners of Supply and Justices of Peace of the shyre of Banff, by the 
act of ParHat ig Junij 1702, compeireand, did swear the oath of 
alledgeance and subscrj^e the samyn and assureance as his subscription 
to the samyn in the act at ffordyce beares, and yrfor is admitted as 
Justice of Peace. And the sds Justices choised my Lord Boynd preses. 

Penalties for contravening Regulations anent Fees, Etc. 

The saids Justices haveing called severall of the tennents in the 
countrey for contraveineing the actes anent fies, and they at present 
pass by that pairt; but for the future appoynt and ordein that all 
servants shall for heireafter have the fies follo\^ eing, viz., the best man 
threttein merkes for fie and bunties and all uther thinges, and at the 
coast syde besyde the sd fie the wairer may have ane boll of beare or 
four poundes and fourtie pennies yrfor in the masters optione, 
dischargeing utterlie all buntey rigges and soweinges, and the uther sort 
of servantes shall have proportionallie according to their service. Con- 
forme to the former actes appoyntes all shearers in harvest to have as 
followes viz. : the best man hooke not above fyve poundes, and the best 
woman hook not above fyve merkes for all uther thinges, and lesser 
men and woomen huikes proportionallie less according to their service, 
which is to be in force for the last harvest and in all tym comeing, and 
the contraveiners both masters and servantes to be subject and lyable 
to ane fyne and amerciament of ten poundes Scots money toties 
quoties. Appoyntes and ordeines that from heireafter no master or 
servant shall fie or make any ingadgement but within fourtie dayes 
befor the tearme of their entrie, excepteing only such servantes as are 
in service, who may fie with their masters and their masters with them 
att any tym they please ; and all hookes to be fied only after the tenth 
of Junij yeirlie conforme to former actes, and that entring servantes 
shall within fourtie eight houres after the rexive tearmes of Witsunday 
and Mertimes enter to their service under paine of half a merk Scots 



CONTRAVENERS OF REGULATIONS ANENT FEES AND PRICES. 235 

money ilk day they shall be absent thereafter, to be reteined by the 
master out of the first end of the fie, besyde such uther penalties as 
the Justices shall think fitt to impose on them. Item the Justices doe 
enact and ordein that all persones able and capable shall serve at the 
rates foirsd, and that non shall lye out of service on any pretence 
qtsumr, nor enter to any trade nor labour any lande under a tuantie 
poundes pay except those who have service land, without ane testificat 
from tuo of the nixt Justices of Peace their handes. The Justices 
appoynt all shoes to be sold at the rates followeing viz., Tualve 
pennies Scots for ilk insh within the wait of best leather, and courser 
leather proportionallie less. And appoyntes intimationes to be emitted 
heireof again Sunday nixt requyreing all tradesmen to compeir befor 
the Justices of Peace at Banff again ffryday come eight dayes, and the 
constables to give up listes of the severall tradesmen within their 
rexive districtes, and to cause cite them to the sd dyett on oath as they 
will be ansrable on their perrill, and appoyntes the readers in each parish 
to intimat this act from the letron on Sunday nixt after divyn service. 
And the Justices appoynt ane letter to be wryten and syned to the 
Justices of Peace of Aberdein and Murray shyres by my Lord Boynd, 
intreateing their concurrence and comunication with the Justices heir. 
And the preses in name and at desyre of the remanent Justices hes 
syned this act, day and place foirsd. 

Patrick Ogilvie. 

Day foirsd James Ogilvie younger of Boynd Comissioner named off 

befoir and Alexander Abercrombie of Glashauch named Comissioner by 

the above mentioned act of Parliat compeireing did sweare the oath 

of alledgeance and subscryve the same and assureance, as their 

subscriptiones to the samyn in the act of the 5th of May last past at 

ffordyce beares, and yrupon ware admitted Justices of Peace of Banff- 

shyre. 

Patrick Ogilvie. 

The Justices of Banff District accordingly met on 4th December 
1702, and disposed of cases of tradesmen contravening the regulations 
as to prices. These findings were entered on separate rolls, which, like 
the regulations, are unfortunately not now available. At an adjourned 
court on i8th December the findings chiefly in respect of servants' 
wages and tradesmen's prices are engrossed in the minute book, and 



236 Records of the county of banff. 

are given as of interest, and as illustrative of a phase of economic 
policy which is to-day, under the stress of war, reasserting itself in the 
control of food prices and of wages, etc. 

Sederunt of the Justices of Peace of the shyre and district of 
Banff holden by Dunlugas and Colleynard Justices present, 
at Banff the i8th December of 1702 yeirs. 

Anent the dilat^ns given in by severall constables of the district 
upon the masters and servants and tradesmen underwrin for trans- 
gressing the actes : They called ware proceidit against and decerned 
and assoylied as followes viz., James Ogilvie of Logie present deponed 
he hes tuo srvants plewmen at 10 merkes fie each with tuo pair 
shoes ane shirt and a pair hose, and tuo uyr srvants, one ten pounds of 
fie for all, the uyr nyne merks with pair shoes shirt and hose and 
the sumering of a steir, which the Justices findes to be a transgression, 
and ifynes him in tuantie pounds and discharges him notwithstanding 
of his pactione to pay to his sd srvants any more then the fies allowed, 
and ordeines the sd srvants to be called and tryed. 

Mr. Andrew Hay of Monblerie depones he is conforme to the actes 
and does not transgress, and yrfor the Justices assoylie him. 

George Stuart in Rosieburne depones his best servant hes ten merkes, 
the uyr elevin merkes with shoes shirt and hose, and yrfor fyned and 
discharged conforme to Logie. 

James Ogilvie in Newtoun and James Sym in Dunlugas purged and 
assoylied as Mr. Andrew Hay. 

Jon Tayleir in Itlaw deponed he gave Robert Stuart six pounds and 
Margret Steinson seavin merkes of harvest fie last harvest, and gives 
James ifraser his srvant ten pounds of fie, and George Cock thrie 
pounds fie and 20s. for his rigg with shoes hose and shirt, ffyned and 
discharged as Logie. 

Patrick Smith in Achinbedie deponed he promised 10 tb. 8s. of 
harvest fie to Thomas Murray and to Nan (?) fforgie his srvant 
thrattein merkes and fourtie pennies of fie and bountey. 

Day foirsd Andrew Wobster fyned for absence on the 4th instant, 
this day reponed deponed negative, and purged himself of breach or 
transgression of the actes and assoylied. 



CONTRAVENERS OF REGULATIONS ANENT PRICES. 237 

Gilbert Leg weaver in Invereichnie confest takeing 3s. p. ell of sey for 
weaveing, and James Alexander, William Smith and Alexr. Moreson, 
weavers in Brydock and Blacktoun confest transgressing anent 
lineing weaving, also Alexr. Barkley weaver in Muriehill confest trans- 
gressing, and John Philp tayleor in Alvach confest taking 3 shillinges 
Scots for dayes work. Ilk ane of them ffyned in ten poundes Scots. 

Andrew Gowan tayleor in Staneley absent, fyned in ten pounds. 

Alexr. Adam shoemaker absent and fyned the sd last court day, this 
day reponed, purged of transgressing and assoylied. 

Day foirsd the craftesmen, given up in list the last court day, called 
this day ware proceidit against as followes, viz. : — 

William Steinsone in ffortrie, George Lumsden in Monblettoun, 
Arthur Leg there, George Jock there, all weavers, George Porter shoe- 
maker in ffortrie, Jon Tayleor in Melross and Wm. Black in Whyte- 
staines, tayleors, John Philp in Seatoun of Cullen shoemaker, James 
Pringle in Midletoun, Wm. Pringle in Reidloup, Jon Nuckoll in 
Protstoun, Gilbert Harper in Northfield, Robert Tod in Dreadlein 
and James Smith in Cushnie, all weavers, James Anderson in Troupe, 
John Clerk in ffindon and George Strachan in Pitgair, shoemakers, and 
William Thomson shoemaker in Hiltoun, all severall tymes called and 
not compeireand ffyned and amerciat ilk ane of them in ten poundes 
Scots money, and the severall ffynes above spec*^ decerned to be payed 
into the Pr5r fiscall or Collector of court within terme of law under 
paine of poynding. 

Item James Leg in Avulds, Jon Murdo in Tarlair, George Legget 
in Bades, Alexr. Nuckoll there, Edward Mureson in Melross, weavers, 
Abraham Ranie weaver there, Thomas Anderson weaver in Lichnett, 
Thomas Kintie in Dreadlein, Alexr. Barber in Pitgair, Andrew Donald 
in Clintertie and George Reid in Smiddietoun, weavers, William 
Tayleor tayleor in Tarlair, Andrew Massie tayleor in Northfield, 
Thomas ffinnie in Minonie, Alexr. Massie in Greinley and Jon Nuckoll in 
Protstoun, shoemakers, and William Clerk in Minonie, all compeireing 
and Jon ffraser in Boighead shoemaker, and being sworne and examined 
purged themselves of transgressing the actes and assoylied. 

The Justices adjorned the court to the fyfteinth day of Janry nixt 
to come. 



238 RECORDS OF THE COUNTY OF BANFF. 

Next minute contains a new act subscribed by those Commissioners 
of Supply and Justices of Peace, who after this date qualified by taking 
the oaths of allegiance and assurance. 

Grant of Kirdels. ^ 
Alexander Grant mentioned in the mmute was second son of John 
Grant, sixth laird of Ballindalloch, On 25th December 1676, saiseing 
was given to Mr. Alexander Grant, second son to Bellandalloch and 
Elizabeth Gordon, his spouse, of ane yearlie @rent of ane hundreth 
and twentie merks moey to be uplifted furth of the cornemill of 
Balwenie. He was Sheriff Clerk of Moray, and on 25th August 1685 
the Magistrates of Elgin ^ instructed the raising of letters against him 
for his frequent oppressions of the inhabitants. On 19th April 1686, 
the Town Council wrote the laird of Grant, complaining of him as 
tacksman of the Old Mylnes oppressing the maltmen, brewers and 
inhabitants of Elgin by " seizing and wiolentlie avay taiking of there 
malt without order of law." On i6th Junij 1686, sasine was given to 
Alexander Grant in Oldmilnes, Shirreff Clerk of Murray, and Elizabeth 
Gordon, his spouse, in lyfrent of the lands of Overdunan in Inveravin. 
On i6th February 1678,2 he obtained from Archibald Dunbar of Newton 
a wadset right over the lands of Achmades redeemable for 2300 merks. 
This he disponed to Ludovick Grant of Grant on 14th November 1692. 
On 15th November 1707, Elizabeth Gordon, spouse of Capt. Alexander 
Grant of Kirdels, took sasine of all and haill the toune and lands of 
Achmades, the toune and lands of Dinniehorn and Coldhome, within 
the parochine of Boharme. 

At Banff the seavinth day of Janry 1703 yeires : Sederunt of the 

Comissioners of Supply of the shyre of Banff, Comissioners 

present — The Earle of ffindlater. My Lord Boynd, Colleynard, 

Dunlugus, Castelfeild, Edingeith, Durne younger, Burdsbank 

and Birkenboig present and Lathers. 

The Comissioners underwrin of new named compeireand craived to 

be admitted, and declaired they ware willing to qualifie according to 

law. They are to say James Ogilvie of Boynd, George Gordone of 

Carnousie, John Dunbar of Kirkhill, John Cuthbert of Brackenhilles, 

Mr. Andrew Hay of Monblerie, Alexr. Abercrombie of Glashach and 

John Ramsay of Lathers, who all did swear the oath of alledgeance 

and subscryve the samyn and assurance as the samyn heireafter 

followes. Also compeired Alexander Abercrombie of Skeith. 

■ See pp. 59, 170, etc. 

»"The Kecoids of Elgin" (N. S. C), Vol. I., pp. 338340. 

'"The Chiefs of Grant," Vol. I., p. 520. 



lord boyne and the collector s salary. 239 

Appointment of Collector and Clerk at Reduced Salaries. 

The Commissioners appoint Castlefield Collector of cess at the 
reduced salary of ;^I5 stg., and John Donaldson, Clerk, at a reduced 
salary of fifty shillings stg. The meeting impose the term's cess. 
As Justices they order, in the three county districts, meetings on the 
first Tuesday of every month, and general quarterly meetings at Banff. 

With reference to a dispute between Mr. Archibald Dunbar of 
Thundertoun, one of the principal tacksmen of the excise of Scotland, 
and the brewers of the shire, who had tacks from his subtacksman Mr. 
Alexr. Grant of Kirdels, extending to ist March 1703, though his 
subtack from Dunbar expired on ist September 1702, the Commis- 
sioners find that from that date to ist December 1702 the subtacks 
from Grant will rule, and that thereafter Dunbar will uplift the excise 
according to these subtacks or otherwise as he may determine. 

This meeting of 7th January 1703 was the last county meeting 
attended or presided over by James, third Earl of Findlater. The 
following letter from the County Collector, which exposes Lord 
Boyne's move regarding the Collector and his salary, shows that the 
Earl was absent from Cullen House in March. He was then in Edin- 
burgh. In October 1703 he married as his second wife Mary, third 
daughter of William, second Duke of Hamilton, and widow of 
Alexander, third Earl of Callander, and of Sir James Livingstone of 
West Quarter. Henceforward he resided mostly in the south at West 
Quarter and in Edinburgh. 

For some years hereafter Lord Boyne acted as Convener, as the 
minute of 3rd June next shows, and presided at several county 
meetings. 

For the Earl of Findlater. 

Castlfield 29 March 1703. 
Right Honourable, 

My Noble and Good Lord, 
The suspense I wes in concerning your Lops change of lyffe, and 
the various reports heir made me delay the paying my dutie to your 
Lop. whill now, and yet I am in that samyn uncertainty. However I 
beg your Lops, most humble pardon for omitting my dutie so long, and 
wishes whenever your Lop. reenters in your former state of lyffe, I 
mean to be maried, it may be for Gods glorie and your own particular 
good every way. The toun of Cullen since your Lops, removall hes 
bein very melancholious, and I my selfe have born my large proportion, 



240 RECORDS OF THE COUNTY OF BANFF. 

but support my selfe with the hope it is for your Lops, good and 
interest. Your Lop. knows how I wes stated with my Lord Boyn at 
choising a collector. Since that tyme the pairtie hes bein on his Lop. 
for bygone cesses, and I expect no friendship from him, and your 
Lop. knows neither I or any other can serve at the present sallarie. I 
humblie conceave, if yr be any cess imposed at Parliat, that ane equall 
sallarie to be allowed by the Parliat throwout the kingdome to collectors 
would save much debate, and prevent his Lop. in imposing whom he 
pleases on this shyr. But this is but a thought of my own qch your 
Lop. may consider on and doe as ye find convenient, for I hear my 
Lord Boyne is positive at nixt cess to have in that person he last 
aimed at ; and if it wer not for yat specious pretext by deminishing the 
salarie he had not had any vote at the meiting but himselfe and sone, 
and wer one equall salarie once agreed on, his Lop. would hev few 
followres in the shyr. My Lord ther are no occurrences heir worth 
wreating, and what your Lop. would be solved in may be had from my 
Lady. I wish your Lop. all health and happiness, and darr not as 
yet address myselfe to present my most humble dutie and ser\'ice to 
the Countess as your wiff. Your Lop. knows wherin I can be service- 
able to you heir. Your Lops, comands sal be most cordially obeyed by, 

Right Honob', 
Your Lops, most faithfull most humble and obleidged servant, 

Nicolas Dunbar. 

Quartering on the Shire for Arrears of Cess. 
Sederunt of the Comissioners of Supply of the shyre of Banff, 
holden at Banff third day of Junij Jayvij& and thrie yeries, 
Comissioners present — Birkenboig, Durne younger, Dunlugus, 
Kirkhill, Glashaugh, Crombie, Monblearie, Castlefeild and 
Litlefeild and Colleynard, who by pluralitie of votes choised 
Colleynard preses. 
The Comissioners haveing this day mett on ane order from my 
Lord Boynd anent the parties quartering on the shyre for the Mertimes 
and Candlmess termes cess. 

After seeing certain orders from the General Receiver's factor, 
Robert Rutherfoord, to Sergeants Gerioch and Dick, to quarter on 
the Commissioners or Collector, and after protesting against certain 



servants' fees, tradesmen's wages, and craftsmen's prices. 241 

illegalities in connection with the quartering, the meeting appoyntes to 
them their quartering money conforme to law, and ordeines the Collector 
Castlefield to pay the samyn to Sergean Gerioch and receieve his 
discharge yrof, and appoyntes the samyn to be stented on the deficients, 
and the samyn to be payed into the Collector with the nixt tearmes 
cess, and recomendes the proportioning of the quartering money to 
Colleynard, Dunlugas and Litlefield to meitt when the Collector shall 
desyre at Banff for that effect. The Comissioners doe ffind and ordein 
that for heireafter all the deficients in payment of their cess, when the 
partie shall intimatt deficiencie to the Collector, shall be lyable to 
quartering and deficiencie. They also declaire that the Collector hes 
and shall have full power and libertie to give up listes of deficiencie to 
parties upon their intimatione of orders to him without warrand of 
any Comissioner. And the preses in name and att the desyre of the 
remanent Comissioners hes subscryved this their act. 

W. JOASS, I.P.C. 
and in name and by order of the Comissioners. 

Servants' Fees, Tradesmen's Wages, and Craftsmen's Prices. 
At this point the engrossment of the minutes is somewhat irregular 
in so far as three minutes dealing with matters within the jurisdiction 
of the Justices of Peace, though dated April and May, follow instead of 
precede the minute of June given above. These three minutes dealing 
with the regulations of the Justices fixing servants' fees, tradesmen's 
wages and craftsmen's prices, and detailing the measures taken in some 
areas of the Banff district to enforce them, are given in full. At a 
former meeting of Justices the constables had reported that servants' 
fees were mean. The ensuing minutes are a commentary on this view, 
which the Justices do not seem to have entertained ; and wages were 
rigorously reduced to the standard of the county regulations, and all 
bounties, such as hose and shoes, allowances of meal, or the " sumering 
of a steir " strictly repressed. What economic advantage was thus 
gained is more than doubtful ; and one can in a manner appreciate the 
grim humour of James Gray's swearing in face of court, and of 
Ardmellie's servant cursing the Justices, though for obvious reasons 
the servant denied the same. 

At Peter Touches house in Mossyde of Kinairdie the fyfteinth day 
Aprill Jajvij& and thrie yeires : Sederunt of the Justices of 
Peace of the district of Banff, Justices present — The Laird of 
Carnowsie, John Cuthbert of Brakinhills and Alexr. Wilson of 
Litlefield, who choised Carnowsie preses. 

F 2 



242 RECORDS OF THE COUNTY OF BANFF. 

The said day intimationes being made in the parish kirkes of 
Rothemey and Aberchirder on the elevinth instant to attend this day 
and place, the intimatione for Rothemay was returned by WilHam Jack 
constable intimat by the Session Clerk, and therewith the sd William 
Jack gave in a list, viz. : — 

William Pettindreich in Corskellie deponed he is regular as to his 
servants and harvest hookes both as to the fie and tyme. 

Patrick Elder deponed ut supra. 

Wm. Badzenoch depones he hes only one servant, Lachlan 
McPhersone, who hes 9 mks fie two merks for grazes (?) tuo pair 
shoes with shirt and hose. The Justices ffindes the fie is extrava- 
gant, and vrfor fynes the sd Lachlan in ffourtie thrie shillinges and 
four pennies, and ordeines his fie to be arrested, and the sd William 
to make furthcomeing the sd fyne of his fie. 

James Gray yr he hes only one servant, Jon Elleis, who hes only 
fourtein merkes fie for all, qch the Justices fiindes extravagant, and 
yrfor ffynes in a merk and arrests and decernes ut supra. His uyr 
servants regular, and had no harvest huikes but one William Watt in 
Corskellie, who had six pounds, and Thomas Gray then at Rothemey, 
who had ten merkes, as also Marione Burnett in Ruthven, who had 
four poundes of fie. The Justices ffynes the sd Wm. Watt in tuantie 
shillinges Scots for the sd fie, and Thomas Gray in tuo merkes and 
half merk, and decernes them to pay the samyn to the collector. The 
Justices also ffynes the sd James Gray in tuantie shillinges Scots for 
swearing in face of court, and decernes ut supra. 

Alexr. Mill there depones he is regular. 

Robert Mill there also deponed. 

John Innes in Wodsyde deponed he is regular as to his servants, 
but gave Issobell Anton in Rothemey seavin rnerkes a pair shoes and 
half a peck meale of harvest fie last harvest, ffor qch fynes the sd 
Issobell Anton in tuantie fyve shillinges Scots, and decernes ut supra. 

James Innes there, absent seek, excused. Compeired James Gordon 
and Alexr. Waker his servants, deponed the sd James Gordon he hes 
ten merkes with shirt shoes and hose, and Alexr. Waker deponed he 
hes four pounds with shirt hose and shoes. They depone they are not 
yet fied. The Justices ordein them to fie betwixt and Sunday nixt, 
utherwayes declaire them subjected to their present master for the 



SERVANTS* FEES, TRADESMEN'S WAGES, AND CRAFTSMEN'S PRICES. 243 

subsequent half yeir, and ordeines their fies to be arrested in their 
masters hand. 

John Crystie in Kairnehill depones he is regular. 

James Thaine in Woodsyde depones his is regular. 

Jon Ruddoch elder in Achincreive depones he is regular as to his 
servants, but gave ten merkes of harvest fie to Adam Thomsone, his 
harvest hook last harvest, ffynes the sd Adam in ane merk and ane half. 

Jon Ruddoch yor there, regular as to his servants, but gave four 
poundes and a pair shoes to Janet Ruddoch in Inshcorsie of harvest fie 
last harvest, ffynes Janet Ruddoch in tuantie shillinges Scots. 

William Lorimer in Caldhame depones he gives to Helen Cock and 
Issobell Craib three merkes and half merk fie with buntay. He also 
gave to Elizabeth Walker in Miltoun of Rothemay seavin merkes and 
a pair of shoes and to Margaret Daeson in Rotnedie four poundes 
a pair shoes and a peck meale last harvest of harvest fie, ffynes the 
srvants in sixtein shillinges and each expenses ilk ane, and arrests ut 
supra, and fynes the sds harvest hookes in the overplus fie. 

Robert Sharp in Inshcorsie depones regular. 

James Lemmen there regular. 

John Thaine in Mosset declaires he gives to James Henderson his 
srvant of fie and buntay sixtein shillinges more then the due fie, the sd 
James ffyned in the sd sixteen shillinges arrested and decerned ut 
supra. He gave of harvest fie to Margaret Gillean in Parrock four 
poundes and a pair shoes, ffynes hir tuantie shillinges. 

William Mitchell in Inshcorsie regular. 

John Barrine in Ternemnie gave to Robert Mill in Rothemey nine 
merks and a pair shoes of harvest fie, ffynes Robert Mill in tuantie 
shillinges Scots. 

William Seivewright in Parrack regular, and Alexr. Lorimer in 
Claymyres, also James Henderson in Miltoun, George Cook in Mossyde 
of Rothemey being harvest hook to Wm. Ruddoch in Rattanach last 
harvest had six pounds of harvest fie, ffyned in tuantie shillinges. 

Andrew Longmuire regular. 

John Badenoch gives to John Home his srvant two merkes ten 
shillinges fie more then the law, the said John Home fyned in two 
merkes and ten shillinges Scots and arrested and decerned ut supra. 



244 RECORDS OF THE COUNTY OF BANFF. 

John Lobon in Ternemnie and Jon Lobon his srvant compeireing 
this day declared they are content to submitt and conform to the law. 
The Justices passes fra the fyne imposed on them in the court at 
Cranno the tent of ffebry last. 

William Preist in Ratanach, Jon Slorach in Achincleich, and 
William Cazie in Reidhill, shoemakers, compeireing confest trans- 
gressing the lawes anent the pryces of shoes, and yrfor the Justices 
fynes ilk ane of them in ffoure poundes Scots money and decernes to 
pay ut supra. 

John Craib and James Cobrone cobler in Rothemey parish, because 
regular, past frie. 

John Murray tayleor in Inschcorsie yor. regular absolved. William 
Lorimer in Caldhame, John Williamson in Claymyres, William 
Beidie there, Andrew Scott in Parrock, John Adam in Achincleich, 
Jon Abercrombie there, George Innes there and Alexr. Sharp in Insh- 
corsie, all weavers, compeireand : John Murray regular, and also the 
sds remanent persones above named, and past frie for bygones of all 
irregularities. 

George ffordyce in Achincreive depones he had two woomen hookes 
in harvest last, one named Margaret Watt in Achincreive and Janet 
Wright there, to each yrof he gave four poundes a pair shoes of 
harvest he last harvest. The Justices ffynes each of the saids hookes 
in tuantie shillinges Scots money and decerned ut supra. 

James Cuye in Muire, William Craig in Maynes and John Reid 
weaver in Rottnodie, all absent, fyned in fourtie shillinges Scots each 
of them and decerned ut supra. 

Alexr. Wilson srvant to Ardmellie being delet of curseing the 
Justices and he compeireing denyed, the ffiscall offered to prove by 
witnesses and adduced John Cheine as witnes, who deponed negative, 
and the matter continowed till the court at Banff. 

The Justices continowes the court till the first Tuesday of May 
nixt. And the preses in name of the remanent Justices hes subscrjved 
this their sederunt. Geo. Gordone, I.P.J. 

James Adam weaver in Tillidoune fyned for contumacie at the court 
of Banff, compeireing this day declaired he was then unweill and not 
able to travell, and declaires he is regular. The Justices repones him, 
assoylies him from the former fyne and declaires him frie. 

Geo. Gordone, I.P.J. 



AUGMENTATION OF SHEARERS* FEES. 245 

Sederunt of the Comissioners of Supply and Justices of Peace 
of the shyre of Banff, conveined at Banff the ifourth day 
of Maij Jayvij& and thrie yeires : Comissioners and Justices 
present — The Lairdes of Carnowsie, Dunlugas, Crombie, 
Kirkhill, Brakinhilles, Colleynard, Nicolas Dunbar of Castel- 
field, Shreff deput, Monblerie, Litlefield, The Laird of Durne 
younger, Glashauch, who all choised Mr. Andrew Hay of 
Monblerie preses. 

Absent Commissioners to be fined. 
The sd day the Comissioners present doe in respect of severall 
relevant excuses given in for the remanent absent Comissioners doe at 
this time excuse their present absence, with certificatione that for heire- 
after their absence shall not be excused, but all fyned conforme to law, 
without particular excuses from ilk ane of themselves allowed by the 
meiting. As also they excuse Durne younger, Glashauch, Castlefield 
and Brakanhilles for their former absence from the last meiteing qrin 
the absents ware fyned, and discharges them of their fynes imposed 
thereby in respect of the relevant excuses now given in by them 
approved by the heal present Justices. 

Jurisdiction of Justices in Regalities and Royalties. 

Anent a greivance given in by the Justices of Peace of the district 
of Keith compleaneing that the inhabitants of regalities pretend 
immunitie from the Justices and their courtes. The Justices present 
haveing considered the 38th act Par. first K. Ch. 2d.,^ doe find thereby 
they have jurisdictione in all causes competent, wherein the uyr 
jurisdictiones, aither regalities or royalties, have bein defective after 
expyreing of fyftein dayes, and resolve to proceid accordingly. 

Augmentation of Shearers' Fees. 

Anent a remit from the court at this place the 2d of ffebry last ffor 
augmentatione of huikes fies. The Justices present doe judge and 
enact that the best man shearer who actuallie bigges cornes shall have 
ffyve pounds and a merk of harvest fie, but non haveing cottars actuall 
biggers of cornes shall have allowance to fie at that rate any man 

'The Acts of the Parliaments of Scotland, Vol. VII., pp. 306-13. 



246 RECORDS OF THE COUNTY OF BANFF. 

shearer under the former penalties, and no man shall have more but one 
such man shearer at once. They doe also judge and enact that every 
best woman shearer shall have ffyve merkes and ane half of harvest 
fie, and all uyr shearers shall have fies as formerly. 

Servants' Re-engagements. 
Anent a greiveance given in compleaneing that srvants, albeit they 
doe not renounce their srvice in due tym, yet refuise to serve their then 
masters, ffor redress qrof it is enacted and ordeined that all servants for 
theireafter who shall not take leive of their present masters fourtie 
dayes before the ensueing terme shall be bound to serve their present 
masters for the subsequent half yeir, and their fieing with ane uther 
persone shall be declaired null and illegal. Also masters not giveing 
lieve to their srvants fourtie dayes befor the tearme shall be bound to 
his srvants one or more aither to give him service or pay his fie for the 
sd subsequent half yeir. 

Gratuities to Servants Illegal. 
Anent the refer from the court of Monbleattoun of the affair 
betwixt James Grant and John Ord his srvant, James Grantes 
depositione being redd and considered by the Justices of Peace and by 
them voted by pluralitie of votes fhnd James Grant hes transgressed 
the actes in promiseing or intending a gratuitie, and yrfr ffynes and 
amerciates him in ffourtie shillinges Scots, and ordeines him to pay the 
samyn to the ffiscall att the barr, but prejudice that he be fyned in 
fyftie poundes, if he exceid the ordinarie fie to Jon Ord. It is statute 
by the Justices that any person promiseing by himself or any uther 
persone to his knowledge any gratuitie thigeing or the lyke dureing 
service or thereafter or good deid to any srvant shall be fyned in 
fyftie poundes Scots, the samyn being promised intuitu of the srvice 
toties quoties. The Justices regulat the tymes of fieing servants for 
hereafter to be the tuantieth of Junij for the harvest shearers, and the 
first of Aprill and the first of October for sumer and winter half yeires 
rexive for hyred servants. 

Tanners of Leather — Prices. 
The Justices judge and enact that for hereafter all tanners of 
leather, whither shoemakers or uthers, that have barked or shall bark 



JURISDICTION OF JUSTICES IN REGALITIES. 247 

leather for the future, shall be obleist if shoemakers they shall be obleist 
to make and sell the samyn at the ordinarie rates and ordinarie places 
within ten dayes after intimatione, and if tanners they shall be obleist 
to sell the hydes to shoemakers or uthers offereing to buy them 
within the sd space at the followeing rates viz. at ffourtie shillinges 
Scots money for the best ox hyde, and half a croune for the courser 
oxen hydes and best cowes hydes, and proportionallie for lesser hydes, 
and that of profite and for taneing over and above the pryces given 
by them at first buyeing the hydes rough, qch pryces are to be given 
befor the nixt Justice of Peace upon oath with certificatione of 
confiscatione. 

Yearly Fiar of Prices of Shoes. 

The Justices present think it convenient that there be a ffiear made 
yeirlie for the pryces of shoes, and to this purpose that fyve men 
neutrall and indifferent out of each district with one tuo or thrie of the 
Justices of each district doe meitt yeirlie for makeing the sd ffiear on 
oath, and appoyntes the meiteing for this yeires fiear to be at ffordyce 
on the last Tuesday of Maij instant, and if any of the fyve from each 
district bees necessarly absent, or wilfullie, the Justices then present 
may name uthers in the absents places, and those wilfullie absent shall 
be fyned at the Justices pnt their discreatione, intimatione being made 
to them ; which ffear being made, appoynts ane double yrof to be sent 
to each district, that the samyn may be ane sure and prime rule for the 
pryces of shoes for this yeir. 

There being a greiveance given in anent cottars the tym of their 
fieing and extravagant vadges, the Justices present remitt the samyn to 
the nixt generall meiteing the first Tuesday of August nixt to come. 

And appoyntes intimatione of the heall premisses to be made at 
each parish kirk of this district on Sunday nixt and the ffiscall to 
send the samyn to the rexive parish kirk[s] yrof, and the ffiscall to 
advance money to him for that effect. Lykeas the sds heall Justices 
enact that the Justices of Peace of each district shall [have] power and 
freedom to destribute and dispose of the rexive emoluments of their 
owne courtes, or utherwayes as they shall think fitt within their owne 
districtes, reports being made yrof at each quarterly meiteing when 
called for. 



248 RECORDS OF THE COUNTY OF BANFF. 

Sitting as Commissioners of Supply the meeting received the 
Collector's bond of caution for the current cess, and handed it to their 
Clerk for safe custody. 

The Post continued for one quarter to Lambes at the former salary. 

Decree given against John Grant of Ballindalloch for arrears of 
cess. 

And the preses in name and at comand of the remanent Comissioners 
and Justices hes subscryved this their sederunt. 

A. Hay, P. 

In regard to the claim by the Justices to jurisdiction over the 
inhabitants of regalities, a reference to the act cited, viz., the act of 
1661 re-establishing Justices, hardly bears out their contention. A 
regality was a grant by the Crown of regal jurisdiction in civil and 
criminal matters within the territory assigned to the regality. With 
the exception of persons charged with treason, the Lord of the regality 
could withdraw, or repledge as it was technically called, any one within 
his territory from trial before any other court, whatever crime he was 
charged with. Very considerable portions of Scotland were by this 
date converted into regality, the part of the country remaining under 
the jurisdiction of the King's courts being termed royalty. Conflicts 
of jurisdiction were of common occurrence between competing courts. 
These regality jurisdictions were abolished in 1747. 

Measures against Idle Persons lying out of Service. 

Sederunt of the Justices of Peace of the shyre and district of 
Banff, Justices present — The Laird of Carnowsie, Mr. Andrew 
Hay of Monblearie and Alexr. Wilson of Litlefield, who choised 
the sd laird of Carnowsie preses, holden at Blacktoun the 
tuantieth day of Maij Jayvij& and thrie yeires. Also Dun- 

lugas 

The sd day there being ane executione given in by William Gellie 
officer agt severall idle persones ffor their lyeing out of service, and 
being called George Youngsone in Sandley, Issobell Kennedie yr, 
George Anton servant to George Stuart in Rosieburne, Margaret Hay 
in Caldhame and Janet Bennett in Muirehill ffailled to compeir, and 
yrfr the Justices ffynes George Youngsone in ffourtie shillinges Scots 
because he was not perlie cited, and the sd George Anton in ten 
poundes, and the sds Margaret Hay, Janet Bennett in ffoure poundes 
Scots, ilk ane of them to pay the samyn to the ffiscall. 



IDLE PERSONS LYING OUT OF SERVICE. 249 

And the remanent idle persones viz. : — Jon Ord, Alexr. Stuart, 
James Moreson, George Chalmer, Isobell Kennedie, Issobell Grant, 
Janet Smout laullie cited called and compeireand: The sd Alexr. Stuart 
acknowledges he hes tied with John Tayleor in Itlaw regularlie, and is 
to enter his service and yrfor is assoylied. George Chalmer servant to 
James Mitchell declaired he was fled with James Grant about the third 
last day of March, and is resolved to enter home to his service. The 
Justices ffind the fieing with James Grant irregular and that he cannot 
srve James Grant. The said John Ord compeireing declaired he is 
upon the taking of a possessione viz., the lands of Craighead, and he is 
on the bargane, and if that bargane goe off he is willing and content to 
serve James Grant his last master, and to this purpose he enactes 
himself betwixt and the first day of Junij nixt to come, under the 
paine of ten poundes Scots money. James Moresone compeireing 
declaires he is content to serve James Stuart his present master and 
accordinglie engadged with the sd James Stuart. Issobell Grant hes 
presentlie fied with James Ogilvie in Newtoun. 

Margaret Hay on the uther syde is decerned to serve Jon Brodie in 
Brydock the current half yeir, or els grants warrand to imprisone hir in 
the tolbuith of Banff, 

Janet Shirren is decerned to keep hir service with John Thomsone 
in Ryland this current half yeir, he finding sufficient suirtie to hir for 
the rest of hir last half yeires fie and the current half yeir, utherwayes 
she to be frie, and if she refuise grantes warrand to imprison hir. 

It is enacted that George Chalmer above designit doe presentlie 
engage in service at the ordinarie rates, utherwayes to be ffyned and 
imprisoned. The sd George judicialiie in face of the court engadged 
with Peter Smith in Achinbedie at the ordinarie rate, and so he is 
assoylied. 

The Justices names James Wood in Doune, Alexr. Mill at Mylne of 
Alvach, George Wobster in Kirktoun of fforglen, James Barron in 
Tillifafe and George fforsyth in Culbuichlie to go to ffordyce on the last 
Tuesday of May instant to make the ffieiar of shoes pryces conforme 
to the last act, and William Gellie to warne them thereof. 

The Justices ordein intimationes to be sent out to the heall parishes 
of the district by the ffiscall, ordeineing the heall constables in ilk 

G 2 



250 RECORDS OF THE COUNTY OF BANFF. 

parish to come to Blacktoun on Thursday the 27th instant, and bring 
with them Hstes of all idle persones within their boundes, and to caues 
cite them to the court the sd day that course be taken yranent, and that 
all persones haveing complents may be warmed to be present. 

Geo. Gordone, P. 
Sederunt of the Justices of Peace of the shyre of Banff within 
the district of Banff holden at Blacktoun the 27th of May 1703 
yeires, Justices present — The Laird of Dunlugas, Colleynard, 
Monblearie and Litlefield, who choised the sd Andrew Hay of 
Monblearie preses, also Justices, Carnowsie, Glashauch and 
Brakanhilles. 

Anent the complent given in by Peter Smith in Achinbedie agt 
George Chalmer compleineing that the sd George had not only deserted 
his judiciall fieing the last court day, but also entered service with 
James Grant with whom he was irregularlie fied, qch being made appeir, 
the Justices ordein George Chalmer imediately to enter home to Peter 
Smith, qrin, if he faillie within 24 houres, grants warrand to a constable 
to imprison him till he find suirtie to performe his srvice, but in respect 
neither of them are cited till they appeir befor ryseing of the court, 
and if not ordeines James Grant and George Chalmer to be cited to 
the nixt court for their contempt of the last act. 

The Justices ffynes Janet Smout and Mary Shirren hir mother in 
tuantie shillinges Scots each of them ffor the sd Janet hir deserteing 
hir srvice conforme to the last dayes act, and hir mother for counten- 
anceing hir yrin. 

Jon Duftone in Turtrie is decerned to enter home to William Ritchie 
in Turtrie his srvice, as reasonablie he can serve till the nixt terme at 
the ordinarie rates, and he is to give him no other srvice then his present 
conditione is capable of, wherein if he faillie grantes warrand to a 
constable to apprehend him and incarcerat him till he find suirtie to 
fulfill his srvice. 

Janet Irvine in Haddo ane idle woman decerned to enter home to 
Wm. Spence in Haddo the current half yeir under the above certifi- 
catione, and which she judiciallie undertook. 

The constables of Inverkeithnie gave in a list of idle persones and 
declaired they cited them according to the last act to the court. There 



SERVANTS TO ENGAGE FOR ONE YEAR AND ANENT APPRENTICES. 25I 

names are these — Janet ffraser now in . . then in ffortrie absent, 
Cristian ffindlater now in ... . Janet Collie in ffortrie, Cristan 
Harper in Tullos, Janet Wobster there, Helen Russell, Janet Burnet in 
Creilwell, Margret Larg in Haddo, Issobell Smith in Achingoule, 
Elizabeth Con yr., Elizabeth Browne there, who all being cited, called 
and not comperieand, the Justices ffynes ilk ane of them in ffourtie 
shillinges Scots money, and decerned to pay the samyn to the fiiscall, 
and all ordeined to choise masters and enter service again Sunday nixt, 
with certificaone that if they failHe any persone challengeing them shall 
have right to their service; and the constables are warranted to enter 
them to the acclaimers service. 

The Justices ffynes and amerciates William Mair now srvant to 
Corskie yor in ffourtie shillinges Scots money for his contumacie, being 
lawllie and perlie cited and called and not compeirand. 

George Youngsone fyned last day . . . reponed and assoylied. 

George Chalmer now compeireing refuises to serve Peter Smith. 
The Justices ffynes the sd George Chalmer in ten poundes Scots, and 
ordeines him to goe to prisone in the tolbuth of Banff till he pay the 
fyne, and find suirtie to fulfill his srvice and his fie presentlie arreisted 

in James Mitchells handes and any goods in his handes 

A. Hay, Preses. 

Sederunt of the Comissioners of Supply and Justices of Peace 
of the shyre of Banff, being a quarterly meiteing conveined at 
Banff the third day of August Jayvij& and three yeires : Com- 
issioners and Justices present — My Lord Boynd, The Lairds 
of Dunlugas, Glashauch, Crombie, Monblerie, Kirkhill, Colley- 
nard, Nicolas Dunbar of Castlefield and Alexr. Wilsone of 
Litlefield and John Cuthbert of Brakanhilles, who by pluralitie 
choised my Lord Boynd preses. 
The shires Post continued, his dues to be stented with the 
Lambes cess. 

Servants to engage for One Year and anent Apprentices. 

The sds Comissioners as Justices of Peace in respect of the old 
customes of the countrey and acts and ordinances of the Justices of 
Peace of the shyre doe fiind enact and ordein that ffor heireafter after 



252 RECORDS OF THE COUNTY OF BANFF. 

the tearme of Witsunday nixt to come all servantes fieing shall fie 
for ane yeir and for no shorter tym, unles the master shall please of his 
owne will to dispence with ther servants. And also that for heireafter 
no person shall be allowed to engadge prenteis to any tradesman 
without warrand from a general meiting of the Comissioners in 
presentia, or from ffyve Justices within their owne district meiteing 
togidder and granteing the same upon reasonable reasons, under the 
penaltie of ten poundes Scots money for the prenteis and als much for 
the master, besyde being lyable to serve any master who shall challenge 
the sd prenteis, and being declaired uncapable to serve the sd master as 
prenteis or utherwayes without resrve. It is furder enacted statute and 
ordeined that whoever shall for hereafter reteine any srvant adjudged 
by sentence to ane uther master after intimatione or their being in 
knowledge yrof, or shall any way collude or connive with a servant to 
evite the law, or any third persone who shall after intimatione keep 
harbour the sd servant shall be subject and lyable to a ffyne and unlaw 
of ten poundes Scots money toties quoties, by and attour the skeath 
and dammadge susteined by the partie leised. They also ffind and 
enact that no persone possessing small craftes of mein pay shall be 
allowed for hereafter to have any srvants but one, and that a third rate 
servant of men srvants, and they declaire that tradesmen are herein 
includit. 

Fines ordered to be imposed on Justices absent from meetings. 

Brackanhilles presented a letter from Cowbardie, Badinscoth, 
Hattoun and Castletoun, Justices of Peace of the shyre of Aberdein, 
dateit i6th of July last past direct to the Justices of Peace of this 
shyre assureingof their concurrence in justice with the Justices of Peace 
of this shyre in all thinges, and parlie anent the srvants who fledd out of 
this shyre to Aberdein, and desyreing the lyke from this shyre. The 
Justices doe resolve to keep correspondence with those of Aberdein; and 
in order thereto doe recomend to all the Justices in particular and 
generall to return to Aberdein the srvants come thence to those who 
calles for and hes right to them. Patrick Ogilvie. 

Sederunt of the Comissioners of the shyre of Banff viz. Sir Jon 
Gordon of Park, The Lairds of Carnowsie, Kirkhill, Monblerie, 
CoUeynard, George Leslie of Burdsbank, Nicolas Dunbar of 



ballindalloch's arrears of Cess. 253 

Castlefield and Alexr. Wilson of Litlefield, who all choised the 
sd Sir Jon Gordon preses, holden at Banff the tuantie sixt day 
of October Jajvij& and thrie yeires. 
The Post continued for a quarter by a pluralitie of votes, the 
expense to be stented with next quarter's cess. Castlefield, the Col- 
lector, produces receipts from the General Receiver. Regarding a 
party lying on the shire for deficiency of Lambes cess, the deficiency 
is ordered to be paid to the party, and the same stented on the deficients. 

Sir John Gordon of Park. 
The said day the sd Sir Jon Gordon represented that now he being 
of a good age and often tender and not able to travell especiallie in the 
winter tym, and considering that hitherto he hes bein most willing to 
comply with authoritie in keeping meiteinges, he therefor protestes to 
be excused for his absence in tym comeing, utherwayes declaires he will 
demitt and give over to officiat, and thereupon took instrument ; and if 
he doe continew protestes that he may be joyned to the district of Banff. 
And in respect the sd Sir John Gordone for reasones knowen to him 
declynes to subscryve the act, the Comissioners of new again elect 
James Dunbar of Durne to be preses of this meiteing in Sir Jon 
Gordones vice, and he at desyre of the remanent Comissioners and in 
their name subscryve this their act. . . . 

Ja. Dunbar, I.P.C. 

Sederunt of the Comissioners of Supply of the shyre of Banff, 
conveined at ffordyce the ffirst day of ffebruarie Jajvij& and 
foure yeires : Comissioners present : — My Lord Boynd, The 
Laird of Crombie, Durne younger, Edingeith, Colleynard, 
Kirkhill, Castlefield, Birkenboig and Glashaugh, who choised 
My Lord Boynd preses. 

Ballindalloch's Arrears of Cess. 

The Comisioners considering that there is a partie lyeing on the 
shyre for the rest of the Mertimes cess as yet unpayed, and also 
considering that there is a great rest and of ane old continowance upon 
the Laird of Bellindalloches landes of Tullochcaron, Pitchaise and 
Morinshe, which does occasione so often parties on the shyre, albeit 
intimation of deficiencie be made tearmlie to him of his restes, and 



254 RECORDS OF THE COUNTY OF BANFF. 

that for easeing the shyre the Comissioners have proportioned the 
deficiencie on the deficients, and ordered the Collector to advance the 
samyn to the parties. Therefor the Comissioners ordein their Collector 
to give a list of the said Bellindalloches present rest to the partie 
pntlie quartering, and orders that they doe locaUie lye on his landes, 
untill he procure the Collectors removeall or discharges, and that they 
be payed of their deficiencie, and have given orders for that effect. 

The Post continued for a quarter. Cess for the ensuing Candlemas 
term proportioned. 

It being lykewayes represented that Egiptianes idle persones to 
abound, therefor the Commissioners doe recomend to all persones to 
sease and apprehend the sds wagabounds Egiptianes and idle persones 
and secure them in prison till tryall. 

Also severall brewers compeireing conforme to the last underwrine 
produced and gave in renunciationes of their breweinges, which the 
Comissioners doe allow off so far as they are legall and alloweable. 

Patrick Ogilvie. 

Entries made by Brewers. 

Sederunt of the Comissioners of Supply of the shyre of Banff 
and district yrof, conveined this fourth of Aprill Jayvij& and 
four yeires being the^ first Tuesday of sd moneth at Banff: 
Comissioners present — Mr. William Joass of Colleynard, John 
Cuthbert of Brakenhills and Alexr. Wilson of Litlefield and 
Jon Dunbar of Kirkhill. 

The sd day the sd Comissioners haveing mett conforme to and in 
obedience of the act and proclamatione of Councel dateit the 5th of 
August 1702, ffoundit upon the acts of the Comissioners of Supply of 
the shyre divydeing the shyre in severall districtes ffor heireing and 
receiveing the complents betwUct tacksmen of excyse and brewers, and 
receiveing the brewers entries of liquors sold by them from the first day 
of March last past to the first instant. The sds Comissioners haveing 
called for the tacksmen or collectors of excyse of this shyre, if any be, 
to give in their claimes and complents produce their rightes and titles 
and sie the brewers make their entries and controll the samyn, and non 



ENTRIES OF BREWERS. 255 

compeireing they proceided to receive the several entries made by the 
brewers as followes, viz. : — 

Walter King in Newmylnes in ffordyce parishe enteres by his wyfe 
browen and sold in the moneth of March threttie nyne gallones two 
pyntes and one chappin of eale and beir, and one gill of acqua vite, and 
offers to depone yrupon. 

Magnus Morgan in Cleichden in Gemrie parish enteres by himself 
ut supra twantie gallones and seven pynts and one chappin eale, and 
thrie choppines of aqua vite 

James Wood in Doune in Gemrie parish enters by himself ut supra 
sixtein gallones eale, and one pynt acqua vite. 

Elspet Mill at Scotsmylne in Boyndie parish enters by hirself 
eighteen gallones and fyve pynts of eale, and five choppines and one 
gill of acqua vite. 

James Stuart in Whytehill in Boyndie parish by himself enters ten 
gallones eale, and no aqua vite. 

William Robertson in Boarstone in Boyndie parish by his wyfe 
enters nyne gallones eale. 

James ffraser in Whitehilles in Boyndie parish enters by himself 
ffyve gallones eale. 

George Lumsden there by his wyfe enters ffour gallones eale. 

Alexr. Donald in Boyndie in the said parish by his wyfe enteres 
thrie gallones eale. 

George Watson in Whytehilles in the sd parish by his wyfe enters 
ffyve gallones eale. 

William Mill in Dunlugas in Alvach parish by himself ffour gallones 
eale, and a pynt of aqua vite. 

William Gellie in Alvach in that parish by himself enteres twantie 
thrie gallones of eale. 

Alexr. fforsyth in Roundhill in Banff parish by himself enteres 
ffyftein gallones of eale, and thrie chappines of aqua vite. 

George Steinson in Sandehilles in the sd parish be himself enters 
ffyve gallones eale. 

James Coupland in Culbuichlie in Banff parish by himself enters 

William Cruickshank in Doune in Gemrie parish by himself enteres 
eightein gallones eale. 



256 RECORDS OF THE COUNTY OF BANFF. 

Andrew Jonstoun in Corskie in Aberchirder parish by himself enteres 
nyne gallones eale. 

George Ranie in Cranno in the sd parish by himself enters ten 
gallones eale. 

Alexr. Simpson in Myresyde in the sd parish by himself enteres 
eightein gallones eale, and six pyntes of aqua vite. 

William Gordon in Cragiebrea in the sd parish enters by himself 
tualve gallones eale. 

William Allan in Muirealehouse in Aberchirder parish by himself 
enteres threttie gallones eale, and two pyntes of aqua vite. 

Patrick Touch in Mossyde of Kinairdie in Aberchirder parish by 
himself enters eightein gallones of eale, and six pyntes of acqua vite, 
and six gallons eale in Marnan fair. 

John Ritchie in Turtrie in Rothemey parish by himself enteres 
sixtein gallons eale. 

Thomas Ruddieman at Mylne of Crombie in Aberchirder parish by 
himself enteres twantie gallones of eale. 

Which heall above named persones brewers offered indiviallie to 
depone on the above entries made by them of the quantities above sett 
doune, brewen and sold by them from the first of March last past to 
the first day of Aprill instant, and offered to make payment of the 
excyse yrof accordingly, and protested to be frie of all penalties of law 
in respect of their complyance with the law, which protestatione the 
Comissioners admittes, and in respect non compeired to controll the 
sds efitries or accept of the excyse continowes the payment of the excyse 
till a collector or tacksman appeir and assoylies the brewers from the 
penalties of law. 

W. JOASS. 

Jo. CUTHBERT. 

Alex. Wilsone. 
J. Dunbar. 

At Banff the second day of May Jajvij& and foure yeires. 

The Commissioners order the Collector to raise diligence against 
the Laird of Bellindalloch for arrears of cess. The Whitsunday term's 
cess, including Post's dues, Collector's and Clerk's salaries, is stented at 
forty seven shillings Scots on each £100 Scots of valued rent. 



COMPLAINTS AGAINST BREWERS. 257 

Meiteing of the Comissioners of Supply of the shyre of Banff 
conveined at Banff the ffirst day of August being the first 
Tuesday yrof in the yeir Jayvij& and foure yeires : Comis- 
sioners present — My Lord Boynd, The Lairdes of Dunlugas, 
Carnousie, Durne yor, Glashach, Crombie, Colleynard, Mon- 
blerie, Brackanhilles, Litlefield and Burdsbank, who all choised 
my Lord Boynd preses. 

The Comissioners anent a report made by my Lord Boynd of a 
returne to him of the letter he had received from the Laird of Grant 
yor anent his cess, the Comissioners ordein the letter to be recorded, 
and ordein the partie now quartering to be sent to Bellindalloch to lye 
locallie there, till all bygone arriers of the cess due out of Bellindalloches 
landes in this shyre be payed. 

Complaints against Brewers. 

James Campbell of Kerenach, factor for John Chrystie, Writer in 
Edinburgh, Tacksman of the excise of five counties in Scotland 
including Banff, and Patrick Reid, appointed by James Campbell to 
uplift the excise in Banffshire, appear before the Commissioners with 
a representatione claime and complent upon the brewers of severall 
parishes of the shyre. 

Banff first of August 1704. Comissioners pnt. 

James Campbell of Kerenach and Patrick Reid having cited the 
heall brewers of St. ffergus and ITetterangus, and they being called 
and non compeireing except Alexr. Dalgarno and James Wyldgoose, 
who refuised to depone on their entries, therefore the sds pursrs entered 
for them and ilk ane of the remanent brewers of the sd roll the number 
of ffyve hundreth gallones of eale browen and sold by them since the 
first day of March last past preceiding this day, them and ilk ane of them. 

Helen Stuart spouse to Robert Lumsden in Cullen, called and 
compeireand offered to depone she did not brew for seale since March 
last, but confest breweing for hir owne and families use, as she was in 
use to doe off befoir she brewed for sale, as is weill knowen to severalls 
of the Comissioners pnt. In respect qrof the Comissioners assoylies 
the sd Robert Lumsden and his said spouse, agt qch sentence the sd 

H 2 



258 RECORDS OF THE COUNTY OF BANFF. 

Peter Read protested as being contrair to the acts of Parliat and 
Counsell, and for coast skeath and damnadge. 

John Spence in Seatoun of Cullen, Robert Moreson now in Rathen, 
Janet Durhame, James Urquhart, Barbara More, Sarah Dalgerno, 
Andrew Gerard, Robert Elleis and Alexr. Gray called. 

Those not appearing have entries of 500 galls, of ale and 50 galls, 
of aqua vite made against them, from ist March. 

Patrick Ogilvie, I.P.C. 

Commissioners for the Shire of Banff, 1704. 

An Act of Supply granting six months' cess on the land rent was 
passed by Parliament on 5th August 1704, and the following were 
appointed ^ Commissioners for Banffshire. 

William Earl Marischall, James Earl of Findlater, James Earl of 
Seafield, Sir Patrick Ogilvie of Boyne, Sir Alexander Ogilvie of Forglen, 
Ludovick Grant of that Ilk elder, Alexander Grant of that Ilk younger, 
Sir John Gordon of Park, Sir James Abercrombie of Birkinboig, 
Alexander Gordon of Pitlurg, James Ogilvie younger of Boyne, 
Alexander Duff of Braco, William Baird of Auchmedden, Alexander 
Gairne of Troup, John Ramsay of Laithers, Peter Russel of Moncoffer, 
Robert Grant of Dunlugus, James Ogilvie of Logie, Mr. William Joss 
of Coleinward, Mr. Andrew Hay of Montblairie. Alexander Wilson of 
Litlefield, George Gordon of Carnousie, Mr. Francis Grant of Cullen, 
Alexander Grant of Bellintomb, John Abernethie of Meyan, James 

Gordon of Ardmeallie, James Hamiltoun of Cowbardie, Abernethie 

of Corskie younger, Alexander Abercrombie of Glashaugh, James 
Dunbar younger of Durn, James Ogilvie of Poldavid, Nicolas Dunbar 
of Castlefield, John Hay of Moldavid, Patrick Steuart of Tannachie, 

Gordon of Buckie, Alexander Abercrombie of Skeith, Alexander 

Sutherland of Kinminitie, John Innes of Edingith, John Innes of 
Edingith younger, Charles Gordon of Glengeirrack, William Gordon 

of Birkenburn younger, Gordon of Achynachie, John Grant of 

Carron, John Grant of Bellindallach, Major George Arnot, 

Steuart of Kilmaichlie, Robert Gumming of Reicleiteich, Alexander 

LesHe of Kininvie, Mr. James Leslie of Tullich, Alexander Duff of 

Drumuir, Thomas Donaldson of Kinnairdie, John Cuthbert of Braickin- 

'The Acts of the Parliaments of Scotland, Vol. XL, p. 149. 



CAPTAIN JOHN GRANT OF EASTER ELCHIES. 2$g 

hills, Walter Grant of Ardendillie, Captain John Grant of Easter 

Elchies, Steuart of Achorachan, James Duff of Crombie, John 

Ogilvie of Kempcairn. 

Att Banff the tualth day of September Jajvij& and foure yeires, 
in a meiteing of the Comissioners of Supply of the shyre of 
Banff, Comissioners present — My Lord Boynd, The Laird of 
Boynd, Birkenboig, Troupe, Lathers, Glengerack, Glashach, 
Crombie, Dunlugas, Brackanhilles, Meyen, Corskie, Colleynard, 
Litlefield, Kinairdie, Kininvie, Captain Grant of Easter Elcheis, 
Arindillie, Castlefield, Carnousie, Monblearie, Bellintome, 
Durne yor, Edingeith elder, who by pluralitie of votes chosed 
my Lord Boynd preses. 
The sd day John Abernethie of Meyen, Alexr. Abernethie of Corskie, 
John Grant of Eister Elcheis, Mr. ffrances Grant of Bellintome, Alexr. 
Leslie of Kininvie, and Thomas Donaldsone of Kinairdie new Comis- 
sioners of Supply did qualifie themselves by sweareing the oath of 
allegeance and subscryveing the same and assureance, as the samyn on 
the act of this book the day of beares. 

John Donaldsone, former Clerk, and Patrick Leslye, Sheriff Clerk, 
elected joint Clerks of this Supply at a salary of ^lo stg. Nicolas 
Dunbar appointed Collector at a salary of ^^30 stg. The Post continued 
at his former salary of ;^5 4s. stg. 

Day foirsd the saids Comissioners as Justices of Peace in respect of 
the great distance betwixt the head of this shyre and this place, so that 
the heall Comissioners cannot convenientlie meitt togidder at ilk 
quarterlie meiteing, and that by the former actes srvants are ordeined 
to continew their srvice for ane heall yeir, therefor ordeines 
the Clerk to give hereof nottice with the cess intimationes . . 
. . . . They also discharge John Geilles their ffiscall to doe any 
furder executione agt the Comissioners of the Keith district for the 
ffynes laid on them for their absence from the quarterly meiteinges till 
farder order. Patrick Ogilvie, LP.C. 

Captain John Grant of Easter Elchies. 

Captain John Grant of Easter Elchies,^ named in the preceding 
minute, as a matter of fact did not subscribe the oaths as stated. The 

• "The Chiefs of Grant," Vol. I., pp. 506-7. 



26o RECORDS OF THE COUNTY OF BANFF. 

Grants of Easter Elchies descend from James Grant, the Bold, third 
laird of Freuchie (1528-1553), and are cadets of the Chiefs of the 
Grants. Captain John Grant, born c. 1659, succeeded his brother 
Patrick in the estate of Easter Elchies, but when is not altogether 
certain. On 5th September 1688, he received from Patrick a disposition 
of the lands of Edinville, part of the Lordship of Balvenie, in the 
parish of Aberlour, which was confirmed by charter from Alexander 
Duff of Bracco on 30th September 1697. When Ludovick, Chief of 
the Grants, raised the Grant regiment in April 1689, in the interests of 
King William, John Grant, then designed of Easter Elchies, was 
appointed captain of a company. Captain Grant was in command of 
the garrison of Ballachastell (Castle Grant), and materially assisted 
General Livingstone in his victory over the Jacobites under General 
Buchan at Cromdale near by, on ist May 1690.^ Later that year he 
and his company of sixtie sentinels, tuo serjants, three corporalls and 
a drummer garrisoned the house of Ballindalloch, Inveraven. The 
company, under a lieutenant, was in Glasgow when, late in January 
1691, it was ordered to join the remaining companies of the regiment 
then in garrison at Inverlochy, with the view of the disbandment of the 
whole regiment there.^ On 6th October 1702, he appeared at the 
election in Banff of James Ogilvie younger of Boyne and of Alexander 
Duff of Bracco as Commissioners to Parliament, and voted as fiar of 
Edinvillie. In the minute of the election meeting he is designed of 
Elchies, which is in Moray. At the Pasch head court of 1703 his 
name was added to the suite roll for Edenvillie, and he continued 
on the roll until 1710. On 5th August 1704 he was appointed one of 
the Commissioners of Supply of Banffshire, and qualified at Banff on 
1 2th September following. In 171 1 he purchased the barony of Rothes 
from John, ninth Earl of Rothes. He married Ehzabeth, daughter of 
John Grant, and sister of John Roy Grant, respectively Vlth. and 
Vllth. lairds of Ballindalloch. He died on 4th March 1715, andwas 
buried in the kirkyard of Elchies, Knockando. He was succeeded by 
his only son Patrick, a Scots advocate, who sat on the bench as Lord 
Elchies. -: 

Brewing Entries and Renunciations. 

On 5th December 1704, the Commissioners of Supply adjourned 
consideration of a letter from James Steuart of Coltness, Lord 
Advocate, giving reasons why the Commissioners' decision in the case 
of Helen Stuart, Cullen, in regard to the brewing entries on ist August 
should be reversed. 

' "The Chiefs of Grant," Vol. I., pp. 3189; and Mackay's Memoirs, p. 95. 
' MS. Minutes of the Trivy Council of Scotland, 22nd January, 1691. 



ballindalloch's arrears of cess. 261 

Banff i8th of Janry 1705 yeires. In pfis of the Comissioners of 
Supply of the shyre of Banff, viz., My Lord Boynd, Durne yor, 
Colleynard, and Castlefield : Compeired WiUiam GelHe brewer in 
Alvach, James Munro in Bachlay in Banff parish, Andrew Govans in 
Craighead, Andrew Shie brewer in Cornekairne, and gave in renunciaones 
of their breweing and tacks of excyse after the first of March nixt to 
come, and yrupon took instruments and protested to be frie of breweing 
after the sd tym, which the sds Comissioners admitted and ordeined 
the sds renuncia°nes to be taken in and booked. 

Sederunt of the Comissioners of Supply of the shyre of Banff 
mett at Banff the thratteinth day of ffebry Jajvij& and fyve 
yeires : Comissioners conveined — Birkenboig, Boynd younger, 
Carnousie, Durne younger, Meyen, Skeith, Kininvie, Monblerie, 
Castlefield and Corskie, who by pluralitie choised the sd Laird 
of Boynd preses. 

The charge for the county Post made optional on heritors. 

Ballindalloch's Arrears of Cess. 
Anent the representatione made by the Collector, and als by the 
partie quartering on the Laird of Bellindalloches lands in this shyre 
ffor bygon rests, and haveing called for ane letter from the Laird of 
Grant younger to the Comissioners of Supply of this shyre, the 
Comissioners ordein the sd letter to be recorded verbatim, and ordein 
the partie to goe to Bellindalloches lands and quarter thereon and 
poynd the ground untill payment be made of all rests of cess deficiencie 
and coast skeath and damnadge, and also ordein the Collector to doe 
diligence agt Grant and Bellindalloch by a citatione befor the Thesurie 
upon the sd letter till sentence be obteined ... In the meantym 
recomends to the Laird of Boynd to acquent Grant of this their 
procedur .... 

James Ogilvie. 

ffoUowes the tenor of the Laird of Grantes letter verbatim. 

Honored Gentlemen, Bellindalloch May 6th 1704. I had this day 
of the 2d instant, and beleive me am extreamlie concerned there should 
be any debenter due by Bellindalloches interest, and as I promised to 
Glashach one of your number I shall send downe a gentleman to cleir 



262 RECORDS OF THE COUNTY OF BANFF. 

with the Collector at your oversight in a ten dayes or a fourtnight, 
whenever our laboureing is over, and whatever is found due shall be 
payed without troubleing of you for a partie yit. I must say a verie 
small partie might poynd for deficiencie in any legall countrey, so that a 
strong one is not necessarie, especiallie when Bellindalloch is willing to 
pay. I shall not feale in what I promeis of sending and cleir 
differences with the Collector ; and am, Gentlemen, your most humble 
servant (sic subtr) Allexander Grantt. Directed on the back ffor the Hon" 
My Lord Boynd and the uther Comissioners of Supply of the shyre of 
Banff. 

22nd March 1705. This letter sent south by Castlefield's order to 
James Baird with ane extract of the above act, and the account of cess 
due by Bellindalloch, and the Comissioners decreit yron on the 9th of 
May 1703 yeirs, as also ane account of subsequent rests. 

John Roy Grant, VIIth of Ballindalloch. 

John Roy Grant, VIIth of Ballindalloch, ^^ was by this time appar- 
ently in very deep water. The last laird of Ballindalloch of the old 
line, he descends from Patrick Grant, who appears about 1520 as a 
prominent member of the Clan Grant. Of the same stock are the 
Grants of Advie, Dellay, Dalvey later Dunlugas, and Tomnavoulan. 
John Roy Grant was, according to Fraser, infeft in the lands of 
Ballindalloch on his father John Grant's resignation in 1682, he 
undertaking to discharge all his father's debts. He was retoured heir 
to his uncle, George Grant of Cardells or Kirdels, in the lands and 
barony of Pitcroy, alias Cardells, in 1685. His second brother, 
Alexander, was Grant of Kirdels, Sheriff Clerk of Moray, and tacksman 
of the excise of Banffshire. On 15th March 1688, John Grant of 
Belndaloch took sasine of the Kirktoune of Inveravine and fishings. 
Inheriting an estate much encumbered, John Roy was unable to 
extricate it, and, like most embarrassed landowners of these revolu- 
tionary times, he espoused the cause of the " outs." At any rate, in 
1689 he was early out with Viscount Dundee for King James.^ He was 
in Dundee's raid on Perth early in May 1689, when he annexed the 
Whig laird of Pollock's best bay horse as a remount ! He was present 
at the victory of Killiecrankie. John Grant of Ballindalloch was one 
of the Jacobite signatories of a letter from Birse, Aberdeenshire, on 
17th August 1689, in answer to Major General Mackay's invitation to 
lay down arms, in which they said " we scorn your usurper and the 

■ "The Chiefs of Grant," pp. 320-1 and 520. 
'The Acts of the Parliaments of Scotland, Vol. IX., Appendix, pp. 52-65. 



RENDEZVOUS UNDER THE ACT OF SECURITY. 263 

indemnities of his government." This was so galHng to the Orange 
government that the Earl of Crafurd, President of the Council, on 
26th September next directed Sir James Lesly, Commandant at Inver- 
ness, as follows: — "The laird of Ballindalloch being on of the sub- 
scryvers of that rebellious and insolent letter written by the clanns to 
Major Generall McKay, and haveing slighted his acceptance of the 
benefitt of his Majesties gracious indemnity within the tyme therein 
prefixt, cannot be allowed a protectione longer then you can intimat the 
Councills pleasure to him, nor can he expect any conditiones but 
rendering himself up to the King's mercie." ^ In the winter of 1689-90, 
in the Highlands of Banff and Aberdeen, he drew the Jacobites to a head, 
and appears as first signatory of the Band of Association signed at 
Tamintoul on 15th January i6go, by twenty leading Jacobites of the 
district, including Viscount Frendraught and The Farquharson, but 
not Glenbucket, as stated at page 88, who was then only 14 or '15 years 
of age. After the fight at Cromdale on ist May 1690, his house of 
Ballindalloch was garrisoned by a company of the Laird of Grant's 
Orange regiment, under Captain John Grant of Easter Elchies, his 
brother-in-law. On nth July 1690, decree of forfeiture was passed 
against him and other rebels, but owing to the general settlement of 
1691 it does not seem to have been enforced. At the Pasch head court 
at Banff of that year he appears in the suite roll for Tullochcarron. 
He was present at the election meeting in Banff on 6th October 1702, 
when young Boyne and Bracco were elected Commissioners of the 
shire. Meantime his estate was becoming more involved in debt, and 
the preceding minute shows that Alexander Grant younger of Grant 
was in possession, no doubt as principal creditor. Colonel William 
Grant, a cadet of the Rothiemurcus Grants, who married Anne, sister 
of Alexander Grant of Grant, by arrangement acquired the estate of 
Ballindalloch from John Roy and his creditors about the year 1711.2 
John Roy Grant married c. 1682 Anne Francisca, second daughter of 
Count Patrick Leslie of Balquhain. He died before 26th April 1737. 

The Commissioners of Supply met at Fordyce on 14th April 1705, 
and ordered the Whitsunday cess to be paid at the same rate as the 
Candlemas cess. They also directed the Collector to attend at Banff 
twice weekly to collect the same. 

Sederunt of the Comissioners of Supply of the shyre of Banff 
mett at Banff the fyfth day of Junij Jayvij& and fyve yeires, 
Comissioners present — My Lord Boynd, The Lairdes of 

' MS. Minutes of the Privy Council of Scotland. 
^ See pages 132-3. 



264 RECORDS OF THE COUNTY OF BANFF. 

Carnousie, Dunlugas, Skeith, Monblerie, Litlefield, Durne yor, 
Colleynard and Castlefield, who choised my Lord Boynd preses. 

The above Comissioners with severall uther Gentlemen and Heretors 
haveing mett, representationes ware made that most of the parishes of 
the shyre did attend the rendevouse appointed the 29th of May last 
past, but that some of the heretors ware unwilling and gave no 
obedience to the act of Parliat, and yrfor the Comissioners, Heritors 
and Gentlemen present recomend to the shyres Comissioners to the 
Parliament to represent the samyne in the nixt sessione of Parliat, 
that the Parliat may do in the sd matter as they think fitt 

The sds Comissioners doe think fitt that a representatione be made 
and sent up to the Lords of Counsell and Sessione mentioneing that 
\Vm. Dunbar of Durne second sone to the Laird of Durne being 
constitute Magizine Master to give out forrage to the forces in the 
yeires 1689 and 1690, and he haveing counted yrfor with the sd shyre 
and being fullie satisfied, and a considerable sowme being allowed him 
for his gratifica^ne, by and attour the ballance of his accounts, he hes 
since that tym obteined rights from severall persones in the shyre, als 
Weill from them who never paid in corne and straw, as from them who 
payed, and hes now intentit actione agt Birkenboig and Bracco who 
did uplift some money qch was payed in by the publict to Collonell 
Erskme in the shyres account ffor the said fforrage, notwithstanding it 
was Weill knowen to the sd Wm. Dunbar that the sds Bracco and 
Birkenboig had by order of the Earle of ffindlater, my Lord Boynd 
and severall uyr Comissioners payed ane old debenter resting by the 
shyre to the publict, by reasone the then Collector his turneing 
bankrupt, and that a considerable partie was lyeing on the shyre for the 
samyn. 

The Comissioners divyde the shyre in thrie districtes Banff, CuUen 
and Keith as befor. Patrick Ogilvie. 

The Act of Security ^ passed by the Scots Parliament on 5th August 
1704, postponing the settling of the succession to the Scots throne, and 
excluding the successor to the crown of England, was successfully 
used as a lever to force conditions of union favourable to Scotland. 
In further security of the objects of the statute, it was enacted that the 
whole Protestant Heretors and all Burghs within the kingdom shall 

The Acts of the i*arHamcnls of Scotland, Vol. XL, p. 137. 



BRACCO'S AND BIRKENBOG'S ACTION AGAINST COMMISSIONERS. 265 

furthwith provide themselves with fire arms for all the fencible men 
who are Protestants within their respective bounds, and those of the 
bore proportioned to a bullet of fourteen drop weight running, and the 
said Heretors and Burghs are hereby impowered and ordained to 
discipline and exercise the said fencible men once in the moneth at 
least. 

For the Right Honnorable the Earll of fifinlater at Edb. thes. 
My Lord 

I am loth to give your Lo. any trouble, but ther is som of our 
young Commissioners who have sett up to counteract what wes done 
by your Lo. and others som years ago in relation to peying the debenter 
that wes on the shyr, by applying ane part of the pryc of the corn and 
straw for clearing of the shyr of parties. I have sent your Lo. ane 
extract of on of thos acts that you may sie who ar concerned to defend 
that action. I hop your Lo. sine you ar on the pleas, will be at som 
paiens in the defens of that action, which will frie your Lo. and others 
from further trouble. I beg pardon for this trouble and am. 

My Lord, 
Your most humble servant, 
Boyn Feb. 12. 1705. Patrick Ogilvie. 

The Commissioners met at Banff on 5th October 1705, and imposed 
the cess. They chose Castlefield Collector at a yearly salary of 500 
merks, and Patrick Leslie, Sheriff Clerk, Clerk, at a yearly salary of 
200 merks. Dr. Steinson was continued Post from Banff to Aberdeen 
at a weekly salary of two shillings stg., to be paid by all subscribers to 
his salary and others who will willingly pay the same. 

By the Act of Supply^ of this year, eight months' cess was voted 
out of the land rent ; and the Lord Banff and John Mark, Provost of 
Banff, were added to the list of Commissioners. 

Sederunt of the Commissioners of Supply of Banffshire holden 
att ffordyce the eight day of January Jayvij& and six years. 
Commis" piit — My Lord Boynd, Collynewart, Castlefield, who 
choised my Lord Boynd preces. 

There being intimationes and letters sent to aquant the severall 
Commiss'"^ of the shire to meett this day and place to regulat the 

• The Acts of the Parliaments of Scotland, Vol. XL, p. 319. 
I 2 



266 RECORDS OF THE COUNTY OF BANFF. 

Candlemas cess and to consert some matters of importance concerning 
the shire, and none having come except those above named, the Com- 
missioners piit considering that yr is presentlie ane actione depending 
before the Lords of Sessione agt the Comissioners of this shire at the 
instance of Bracco and Birkenbog and Wm. Dunbar second sone of the 
Laird of Durne, and the sd actione being given out to advocats for the 
Commiss^'s to sie and ansyr, it will be necessary to lay on the expenses 
for defending the samen upon the shire : Therefore the sds Commiss'^^ 
piit doe allow and ordaine eighteen pennies upon each hundred pounds 
of valued rent of the sd shire to be collected at Candlemas nixt, and 
the like sume at Lambas nixt, making with the three pounds two 
shillings six. pennies formerlie stented three pounds four shillings Scots 
mony termly for the sds two termes, by and attouer Dr. Steinsons 
sallarie which they continue as before ; which eighteen pennies termly 
for the sds two termes the sds Commiss""^ doe ordaine to be applyed for 
the defence of the fors^ actione, and ordaines intima°nes to be issued 
out for the cess as now stented, with this declaratione that the cess be 
payed in to the Collector within fourteen dayes after the terme of payS 
otherwayes to be lyable yrafter for deficiencie, as the Commissioners at 
a more full meetting shall appoynt, in respect that the Collector hes 
advanced his owne mony to frie the shire of pairties, notwithstanding 
yr be serall deficiencies in the shire, and my Lord Boynd as preces hes 
subt this sederunt for and in name of the meetting. 

Patrick Ogilvie. 

Renunciations of Brewing etc. of Excisable Liquors. 
Day forsd Allexr fforsyth in Collynewart gave in a renuncia°ne of his 
brewing or wearing of ale bear aquavitie and all excyseable liquors 
after the first of March nixt, which renuncifi°ne the sds Commissi's 
admitted. 

Commissioners of Excise. 

As this is the last reference to excise procedure before the union of 
the Parliaments, the following minute of the Privy Council of 4th 
February 1690, though somewhat out of time and place, shows that the 
Commissioners of Supply soon swallowed up the duties of the Com- 
missioners of Excise appointed under the statute of 1661 : — 

The Lords of his Majesties Privy Councill considering the fourteinth 
act first Sess : first Par : K : Cha : 2^., the estates of pari : have in 



Commissioners of supply and excise, 1690. 267 

persuance of their former act of the date the day of 

jmyjc sixtie on years nominated and appoynted Coffirs. of Excyse 
within the severall shyres of this kingdome to the effect therin 
mentioned, and have given power to the Lords of his Majesties Privy 
Councill to nominate and appoynt Comrs of Excyse in the respective 
shyres and burghes upon the death or inabihty of any of the Comrs 
therin named, and ther being severall importunat exigencies in the 
government and for his Majesties service, which necessarly requyre the 
makeing up of the number of the saids Comrs, and suplying the places 
of such of them as are deceased or inabilitate to discharge that dutie, 
to the effect the saids Coinrs may meett and sitt for dispatching and 
expedding such of his Majesties service and commands as does belong 
or may be direct to them. Therfore the saids Lords be vertue of the 
power and warrand granted to them be the forsaid act of Parliament for 
supplying the vice and roume of the number of persones therin 

named, who are now deceased, have nominated appoynted and ordained, 
and be thir presents nominates appoynts and ordaines such of the 
Comrs of Assessment and Suplie of the shyre of Banff, who were 
present at a meetting of the saids Comrs and swear and signed the 
oath of alledgance to their Majesties at Banff the twentie fourth of 
September j'^vj'^ eightie nyne years, to be Comrs of Excyse within 
the said shyre of Banff to the effect mentioned in the said act of pari : 
in vice and place of the Comrs of Excyse now deceased. And the 
saids Lords of Privy Councill doe appoynt the major part of these 
mentioned in the act of parliament, who are yett alyve, and of these 
who are heirby commissionat and appoynted to supply the vice and 
place of those deceased, who shall meett and conveen the first or 
subsequent dyets upon the account of furnishing provisiones and other 
necessaries to the garisones to be a quorum, with power to them to give 
the necessary ordors for furnishing provisiones and magizones to their 
Majesties forces and to do all other things in that shyre that may 
contribute for makeing the same effectuall, and discharges all others to 
midle therin ; and they heirby appoynt the saids Comrs to send up a 
list of what more persones will be necessary to be joyned with them in 
that Commissione for dischargeing the said trust, with the report of 
their takeing the oath of alledgance the twentie fourth of September 
jmyjc and eightie nyne, to the Clarke of Councill, with the oath of 



268 RECORDS OF THE COUNTY OF BANFF. 

alledgance of such of the Coinrs of Excyse, who ware nominat by act 
of parHament j^vj*^ and sixtie on, upon their meetting, provyding the 
samen be done bewixt and the fyfteinth day of March, and report to the 
Clark of Councill in maner forsaid. 



Sederunt of the Commiss'"s of Supply of Banffshire holden att 
Banff the last day of Jary Jayvij& and six years, Commiss''s 
piit — My Lord Boynd, The Laird of Boynd, Denlugas, 
Collyneward. 

The Commissrs piit choised my Lord Boynd preces. The sd day in 
obedience to former acts compeared John Donaldsone late Clerk to the 
Commissi^s of Supply of the sd shire and gave up to Patrick Leslie now 
yr Clerk the former sederunts of the sds Commiss'^s, beginning the tenth 
of November Jayvij& and ninety six years and ending the fifth of June 
last bypast, consisting of ffourty seven leaves whereof one blank, with 
the priii" valua°ne rolls of the sd shire ; and for any other papers 
relating to the Commiss^'s affairs he promises to deliver up the same to 
the said Patrick Leslie by inventar and on his recept, q never he calls 
for the same. 

The Commissi's pnt orders yr Clerk to extract ane sederunt at 
Cullen the thirteenth day of June Jayvij& and nynty nyne yeares, and to 
send the same to my Lord Boynd, that his Lop. may transmitt it to my 
Lord ffindlatter to instruct who were Commiss''^ yii pnt that gave 
warrand to Bracco and Birkenbog to pay the yii debentur out of the 
mony in yr hands anent the corne and straw of this shire. 

The Commissi's orders the Clerk to regrat his factory from Castle- 
field for collecting the supply of the shire. 

The Commiss'^s piit recommends to Kinninvie and Collynewart to 
peruse the Collectors list of deficiencie, and to stent what deficiencie 
they shall find due upon the deficients, and that qn called by the 
Collector; and recomends parllie that the pairtie be sent to Ballin- 
dalloch to quarter on these lands, and to lye yr till all yr former cess 
and deficiencies be payed. And the preces hes subt this sederunt for and 
in name of the meeting. 

Patrick Ogilvie. 



THE PRINCIPAL VALUATION ROLLS OF THE SHIRE, 169O. 269 

It is more than probable that a Valuation Roll of the County was 
made up immediately after 1667. That roll, however, is not extant. 
It was only the other day that any trace of the rolls referred to in the 
preceding minute was obtained. The minutes of the Commissioners 
of Supply of May 1753, containing the following entry, gave the clue : 
"The Commissioners having inspected the principal valuation book of 
the shire, they find it necessary to record the same for preservation, 
and appoint the Collector, if he goes to Edinb*". this summer, to carry 
it with him to be recorded in the Books of Councell and Session." In 
1755 the sum of 7s. lod. was paid by the Commissioners of Supply 
" for registrating the Valuation Book of the Shire in the Books of 
Session." An extract was accordingly ordered, and the County Valua- 
tion roll as made up in 1690 was given out. The original had been 
returned to the County authorities after registration, but has for many 
years been missing. 

The supply act of 7th June i6go impowered the Commissioners in 
the respective shyres upon complaints made to them of any inequalitie 
in the present valuationes, either betwixt one parish and another within 
the same shyre, or particular heretors lands within one and the same 
parish and shyre, to rectifie the same where they finde them unequall, 
and for that effect to take tryall of these Valuations in the way and 
manner prescryved by the act of the Conventione of Estates in the 
year I^^vj^^ sixtie seven . . . providing always the quotas of the 
respective shyres be continued and remaine without any alteratione, 
and that this supply shall be payed ... by the remanent shyres 
[except Berwick] according to their present valuations, ay and whill 
the saids new valuations shall be closed and determined, and that the 
rectifications of the severall valuations shall only take effect for 
subsequent terrnes after adjusting thereof, excepting the shyre of 
Argyle, provydeing likewayes that, when the rectifyeing of any of the 
present valuations shall be considered and determined, there be at least 
present a third part of those who accept of the trust of the Commis- 
sioners in the respective shyres. 

In consequence of this Act, the following Valuation Roll of Banff- 
shire, with a few obvious clerical errors made by the copyist corrected, 
was made up by the Commissioners of Supply of Banffshire. 

At Edinburgh the Third day of July One thousand seven hundred 
and fifty four years : In presence of the Lords of Council and 
Session, Compeared David Grame Esq. Advocate as Procurator 
for Alex^ Innes Collector of the Land Tax of the Shyre of 



270 Records of the county of Banff. 

Banff, Ingiver of the Valuation Rolls underwritten, desiring 

that the same might be registered in their Lordships' Books as 

a Probative Writ conform to Act of Parliament anent the 

registration of Probative Writs, which desire the said Lords 

found reasonable and ordained the same to be done accordingly 

whereof the tenor follows viz:— 

The Valuation Rolls of the Sherriffdom of Banffe as they have been 

valued and certified by the Comma's appointed be the act of Parliat at 

Edg"" the seaventh of June Imvy& and ninty years. 

Raffen Parish. 
Cranoch James Cock ffortie pounds .... 
E. Boggs John Stewart Twenty six pounds 
Golochie Miln John Mawet thirtie libs . - . 
Laird of Ranis twelve hundreth libs - - - - 
Cairnfield Robert Gordon one hundreth and fifty pounds 
Clastirum Pat. Gordon Sixty pounds - - - - 
Orran William Paterson twenty six libs 
Leitchestoun Pat. Gordon One hundreth and twenty libs 
Nether Buckie John Gordon one hundreth and twenty libs 
Tanachie Pat. Stewart one hundreth libs - 
Golochie John Gordoun ffourtie libs - - - - 
Cowfurach James Gordon one hundreth and fifty libs 
Leterfurie John Gordon One hundreth pounds - 
Arradoull Alex^ Gordon One hundreth libs 
Oxhill John Stewart eighty libs ----- 
Upper Buckie John Gordon nyne hundreth libs 
ffarskan W™. Gordon three hundreth libs - 
Muldavit John Hay Three hundreth libs - 
ffindochtie W™. Ord Two hundreth and thirty- libs - 
Curidoun John ross Eighty libs . . - . 
Duke Gordon one thousand eight hundreth libs 
Thornibank John Gordon Sevinty lib . . - 
Earl of Findlater Three hundreth thirty eight p*^* 
Birkinbush James Gordon Twenty libs 
Bogs Alex"". Raid ffifteen libs 

Summa of this parish is 



£ 


s. 


D. 


40 








26 








30 








1200 








150 








60 








26 








120 








120 





c 


100 








40 








150 








100 








100 








80 








900 








300 








300 








230 








80 








1800 








70 








338 








20 








15 








£(>Z9S 









VALUATION ROLL OF BANFFSHIRE, 1690. 



271 



Bailie Parish. 
Achinhalrick Duke Gordon fourtie libs 
Nether Achinreth James Anderson One hundreth p^^ 
Miln of tynet James Anderson Twenty lib 
Duke of Gordon Two thousand seven hundreth lib - 



Desk/oord Parish. 
Sir James Ogilvie fourteen hundreth libs - 
Skeith George Abercrombie one hund and eighty libs 

Su^ of this parish is - 



Rothemay Parish. 
Turtrie Arthur Forbes ffive hundreth and fifty libs - 
Mayen his whole Interest p"" Seven hundreth libs 
Reidhill Alex"" Smart ffourtie libs .... 

John ffordyce on hundreth libs 

George ruddoch ffifty libs .... 

John Elies ffifty libs 

James ffordyce ffifty lb - 

John Gordon eighty lib - 
Walkmiln Claymyre and E. Rothemay John Gordon 
fifteen hundreth and fiftie lib - 

Sum of this parish is 



£ 


s. 


D. 


40 








100 








20 








2700 









;^2860 



£ 

1400 

180 



S. D. 

o o 
o o 



^1580 o o 



£ 


s. 


D. 


550 








700 








40 








100 








50 








50 








50 








80 









1550 o o 
;^3i7o o o 



Aberchirder Parish. 
Knockorth John Innes three hundreth libs 
Achenderen Alex'". Wilson Three hundreth libs - 

Alex^ Innes four hundreth libs 
Ardmelly James Gordon one hundreth and sixty libs 
Alex^. Gordon ffive hundreth and fifty nine lib. 
Zachrie M"". James Gordon's aires four hundreth libs- 
Kinardy David Gregory one thousand and thirty three libs 
Cromby M*". George Meldrum Six hundreth and ten lib 



£ 


s. 


D. 


300 








300 








400 








160 








559 








400 








1033 








610 









272 RECORDS OF THE COUNTY OF BANFF. 

Corskie John Abernethie one hundreth and thirty three 

Hb 6/8d 

Cluny Robert Sanders one hundreth and twenty Hbs 
Torstoun Alexander Abercrombie One hundred and 

thirty three lib six shilling eight pennies - 
Tilidoun John Abernethie Sixty six pounds 
Tanoch Sir George Gordon one hundreth and thirty lib 
Shanck and Barie James Abernethie one hundreth libs 

Torex L. of Park fiftie lib 

L. Oliphant four hundreth lib - - 

Summa of this parish is - - ;£^4894 13 4 

Ordiwhill Sir John Gordon of Park One thousand and 

seven hundreth libs - 1700 o o 



£133 


6 


8 


120 








133 


6 


8 


66 








130 








100 








50 








400 









Boyndie Parish. 
Paddockburn one hund and fifty libs ... 

bankhead 
L. Boyne for himself and Two thous^ one 

hund and eighty libs 

Rhaties L. Boyne four hundreth libs - . - - 

Blairmad Two hundreth libs 

Baldavie James Ogilvie one hundreth and fifty libs - 

William succ" fourty lib 

Kirktoun L. Boyne One hundreth lib. 



£ 


s. 


D. 


150 








2180 








400 








200 








150 








40 








100 









Sum of this parsh is - - 3220 



Inverkithny Parish.^ £ s. d. 

Drachly milne One hundred thirty three p*^^ six shilling 

eight pennies 133 6 8 

Kirktoun David Cruickshank four hundreth libs - 400 o o 

and balnoon - - 

Ardfour L. Oliphant three hundreth and fifty pounds 350 o o 

Dowager of ffrendraucht Two hundreth sixty six pound 

thirteen shillings four pennies ... - 266 13 4 

Achingoull Geo. Crichton one hundreth fifty three 

pounds 6/8*^ 153 6 8 



VALUATION ROLL OF BANFFSHIRE, 169O. 



273 



Dounies one hundreth and thirty three pounds 
Achinhamper Two hundreth and sixty six pounds 
Haddomiln Geo. Sinclair One hundreth Hbs 
Upertulos Alex^ LesHe Sixty six hb - 
Tullos Johnston of Craig three hundreth and thirty 
pounds 

Summa of this parish is - 



Botrifine Parish. 
The ffewers for feudutys one hundreth and fifty Hb - 
Drumuir for his whole Lands Six hundreth libs 
Balihack Alex"". Duff Two hundreth libs 
Westertoun James Anderson one thous^ libs 
Towiebogg Adam Innes three hundreth pounds - 
Badinfinch Walter Innes Seventy pounds - 

Summa 



Boharme Parish. 
Botabridge and 

brigtoun Laird of Grant One hundreth pounds 
Miln of Papin Walter Grant ffifty libs 
Ekenway one hundreth thirty libs - - - 

Arntilly Walter Grant Eighty libs - . . . 
Easter Galdwell Grant one hundreth sixty libs 

Achlunkart for all his Lands there one thousand libs 
Newtoun M*". Thomas Law three hundreth and fifty libs 
Achmades Laird of Grant two hundreth lbs 
Knocken Paul M<=pherson One hundreth libs 

Summa of this parish is 



£133 








266 








100 








66 









330 



^£'2198 6 8 



i 


s. 


D. 


150 








600 








200 








1000 








300 








70 









2320 o o 



£ S. D. 



100 








50 








130 








80 








160 








000 








350 








200 








100 









^^2170 



Gemrie Parish. 
Lichtnet James Innes three hundreth libs 
Achorsk James B seaventy libs - 

K 2 



£ S. D. 

300 o o 
70 o o 



274 RECORDS OF THE COUNTY OF BANFF. 

Whythill John Urquhart one hund thirty three pounds 

six shill. eight pennies ..... 
Pitgar Sir James Baird one hund and eighty Hb 
Troup and Minenie Alex"^. Garden one thousand six 

hundreth and twenty lib - 
Northfield Geo. Keith Two hundred sixty six lib 
Tarlair M^ Thos. Gardin one hundreth and twenty libs 
Marget baird now Geo. Leslie thretty libs 
Qualen Ladytowie Eight hundreth libs 
Melrose John Ramsay four hundreth and ten libs 
Silverford John Keirie fourty libs .... 
Doune George Leslie five hundreth libs 
Munbleton Walter Graham Six hundreth twenty libs 
Earl of Buchan now John Keirie one hundreth arid 

fifty lib ------- - 150 

Rob^ Straton now John Keirie one hundreth and 

thirty lib ------- - 130 

James ffarquhar now John Keirie one hundreth and 

twenty lib ------- - 120 



;^I33 


6 


8 


180 








1600 








266 








120 








30 








800 








410 








40 








500 








620 









Summa of this parish is - - £54Sg 6 



Landward of Banffc. £ s. d. 

Lord Banff and his wodsetters one thousand one 
hundreth libs -..-... 
E of ffindlater his interest ffive hundreth thirty three libs 
Reids Tack Lord boyn ffifty libs .... 
Miln of Boyndy Lord Boyne Thirty libs - - 
Earl of Airly and wodsetters Six hundreth libs - 

Summa of this parish is - 



Keith Parish. 
Kempcarne John Ogilvie ffive hundreth and fifty libs 
Pitlurg Gordon five hundreth libs - 

Edentor Alex^. Gordon One hundreth libs - 



1 100 








533 








050 








30 








600 








£2313 








£ 


s. 


D. 


550 








500 








100 









VALUATION ROLL OF BANFFSHIRE, l6gO. 275 

Kinminity Sutherland Eight hund lib - 

Tarmor Sutherland one hund lib - 

Alex"". Bayly eighty libs - - . . 
Ardneidly Laird of Grant Two hundreth and fifty lib 
Cursartly Couperhill and MilnS Aradoull for all his 

Lands there ffive hund pounds - - - - 
Coldhom One hundreth libs - . . . . 
Nether Achanasie Alex"" phin Two hundreth libs 
Glengarok and new , Gordon four hundreth 

and fifty libs 

Ailhoustcroft Henry Palmer ten libs - - - . 
Milntoun Lo/ Oliphant One hundreth and fifty lib - 
Craigduff Lo/ Ohphant fourty lib - - - - 
Birkenburne Alex'". Gordon eighty lib- 
Achynanie David Gordon four hundreth libs 
Little Ca,ntly eighty libs .-.-.. 
Achyndachie John Gordon Six hundreth libs 
Lethen for few Dutys One hundreth libs - 
Bishop of Moray for few Dutys fifty lib - 



■«00 








100 








80 








250 








500 








100 








200 








450 








10 








150 





6 


40 








80 








400 








80 








600 








100 








50 









Summa of this parish is - - ;^5i40 



Forglan Parish. 
fforglan Lord Banff five hund pounds 
Todlaw Mercer One hundreth and fifty libs - 

Scotstoun and Brodmyre Mr. And"" Hay sixty lib 
Old toun of Carnousie George Cow fifty libs 
Cranabogg Sir George Gordon Sixty libs - 
Carnousie Sir Geo. Gordon Two hundreth and fifty libs 
Bogtoun Sir Geo. Gordon one hund libs - 

John Brockie fifty libs - - - - - 
Robt. Wobster fifty libs .... 
John Stevenson One hundreth libs 
Miln of Burnend ffifty libs - - - - 



£ 


s. 


D. 


500 








150 








60 








50 








60 








250 








100 








50 








50 








100 








50 









Sum of this parish is - - ^^1420 o o 



276 RECORDS OF THE COUNTY OF BANFF. 

Fordyce Parish. 
Muiraick Geo. Gordon one hundreth and thirty libs - 
Halyards Pat''. Ogilvy one hundreth and fifty libs 
Brekinhills Alex^ Abercromby Two hund and fifty libs 
Birkenbog Sir James Abercrombie one thousand three 

hund lib 

Covvhyth Lo/ Boyne one hund and fifty lib 
Glashauchs Alex^ Morison Six hundreth sixty six pds 
Bogmuchells Earl of Airly five hundreth libs 
Earl of fiindlater five thousand hb - 

Alex^. Adam Twenty four lib - 

James Ogilvy fourty lib - - - - ^ 

John Strachan Ten lib 

James Phin Twenty lib 

Jenat Adam twelve lib - 

Geo. Strachan ten lib 

Robert Anderson twelve lib - 

Sum of this parish is 



Alvach Parish. 
Stonielay Robert Sanders One hundreth libs 
Auchinbady Walk Miln and Pathhead, George Mortimer 

Three hundreth and fifty libs . . - - 
Bythstoun Cuming Twenty libs 

Alvach Earl of Airly Two hundreth and fifty lib 
Lord Banffe Six hundreth lib - - - - - 
Inveruchnie and Funkieston Peter Russell three hund 

one lib six sh. eight pennies .... 
Dunlugus Robert Grant ffive hundreth sixty sfx pounds 



13^ 4d. 



Outlaw Walter Stewart three hundreth and fifty lib 
Muirihill Lord Banff three hundreth libs, 400 Lord [?] 
Earl of Buchan now John Keirie Two hundreth sixty 

six lib 13/4^ 

Montblairie M^ Andrew Hay Two hundreth lib 

Summa of this parish is - - ;^3304 13 4 



£ 


s. 


D. 


130 








150 








250 








1300 








150 








666 








500 








5000 








24 








40 








10 








20 








12 








10 








12 








£8274 








£ 


s. 


D. 


100 








350 








20 








250 








600 








301 


6 


8 


566 


13 


4 


350 








300 








266 


13 


4 


200 









VALUATION ROLL OF BANFFSHIRE, 169O. 277 

Straloch Gordon Eight hundreth libs - - j^8oo o o 

S^ ffergus and Fetterangus Earl of Marishall four 

thousand libs - 4000 o 



Barony of Gairtly L. Dowager of Huntly - - - 1050 o o 



Mortlich Parish. £ s. d. 
Coronasie and ffew Dutys Duke Gordon Two hund 

and thirty three libs - - - - - - 233 o o 

Parkmor Geo. Leslie Two hundreth libs - - - 200 o o 

Lesmurdy Alex'". Stewart Two hundred eighty three libs 283 o o 

Sockach Alex*". Stewart ffifty libs - - - - 50 o o 

Balchirie John Gordon One hundreth libs - - - 100 o o 

Edenglasie Sir Geo. Gordon ffive hundreth lib - - 500 o o 

Kininvie John Lesly three hundreth libs - - - 300 o o 

Lecathie Captain Gordon Two hundreth and twenty lib 220 o o 

Baldornie John Gordon Two hundreth lib - - 200 o o 
Achinhandoch Sir Geo. Gordon One hundreth and 

fifty lib 150 o o 

Parkbogg John Leslie One hundreth and twenty lib - 120 o o 

Bohrome Alex*^. Leslie Ninety libs - - - - 90 o o 

TuUich M''. John Leslie one hundreth and fifty libs - 150 o o 
Bishop of Aberdeen for his few Dutys in this and 

fordyce parish one hundreth and sixty libs - 160 o o 
Duke Gordon for his own and his mother's Liferent 

Lands thirteen hund libs ----- 1300 o o 
Bracko Alex*". Duff for his own and his father's Lands 

nine hund libs ------- goo o o 

Keithmor for his wodset Lands in Auchindoun one 

hund libs - - - 100 o o 

Lochend James Anderson Twenty lib - - - 20 o o 



Sum of this parish is - - £5076 



278 RECORDS OP THE COUNTY OF BANFF. 

Kirkmichaell Parish. 

Braes John Grant Two hundreth libs - - - ;^200 o o 

Keppoch two hund sixty six libs 13/4"^ - - 266 13 4 

Dell ffourty two libs . . . . . 42 o o 

Duke Gordon for few Dutys Eighty three lib 6/8^ - 83 6 8 
Delnabo John Grant two hund and thirty three lib 

6 sh. 8^ 233 6 8 

Easter Cambdell James Gordon one hundreth and 

twenty libs -------- 120 o o 

Achriachan & Wester Cambdell Farquharson Three 

hundreth and fifty lib 350 o o 

Carron Grant five hundreth thirty three lib six 

shilling eight pennies ------ 533 6 8 

Inverurie and Inverchobit Two hundreth and fifty libs 250 o o 

Ruvon Duke Gordon Eighty libs - - - - 80 o o 

Sum of this parish is - - 2158 13 4 



Inverawin Parish. £ s. D. 

Tomnovillan John Grant One hundreth and twenty libs 120 o o 

Badievochell Eighty libs 80 o o 

Navie and Tombea four hundreth and fifty libs 450 o o 
Achorachan and Easter Blairfindy three hundreth and 

eighty lib 380 o o 

Tombreakachie one hundreth and thirty lib - 130 o o 

Deskie Gordon one hundreth and eighty lib - 180 o o 

Drumin Stewart one hundreth libs - - 100 o o 

Delnabo Robert Grant one hundreth and fifty lib - 150 o o 
Minimor Letach and over dounen Two hundreth and 

fifty lib 250 o o 

Blairfindy William Grant eighty libs - - - - 80 o o 

Wester 

Culphoich John Grant One hundreth libs - - - 100 o o 

Kilmachly John Stewart three hundreth thirty three 

libs 6/8d 333 6 8 

Letach and Dounan one hundreth and twenty lib - 120 o o 

John Grant four hundreth libs - - - 400 o o 



VALUATION ROLL OF BANFFSHIRE, 169O. 279 

Lyferentrix thereof three hundreth Hbs - - - £300 o o 

Morinsh Thomas Nairn three hundreth and fifty libs 350 o o 

Duke Gordon for ffew Dutys one hundreth and fifty libs 150 o o 

Sum of this parish is - - 3673 6 8 

Skerduston Parish. 

Carron Grant four hundreth libs - - 400 o o 

Kinermundie Innes four hundreth and fifty libs 450 o o 

Edenvellie Three hundreth and fifty libs - - - 350 o o 

Aberlour Adam Gordon Two hundreth and fifty libs 250 o o 

Mudhouse John Anderson ffifty libs - - - - 50 o o 

Boat of ffidach John Grant thirty libs - - - 30 o o 
Breagachie and Letervandich Two hundreth and 

fourty libs -------. 240 o o 

Brecko and his fathers Interest there four hund 

seven lib - - - 407 o o 

ffewers for few Dutys fourty libs - - - - 40 o o 



Sum of this parish is - - 2217 o o 



Grenge Parish, 
Edengight for his whole Interest five hundreth libs - 
Glengarock Gordon Three hundreth libs 

Dauch of Grange Duke Gordon four hundreth and 
sixty libs -.--.--. 
Myretoun Peter Stewart one hundreth and twenty libs 
Hauche John ffordyce Sixty five libs - - - - 
Walter Mitchell for all his Lands one hundreth libs 
Mudhall John Ruddoch thirty five libs 
fi"ortrie David Ruddoch eighty four libs 

Adam rudoch and Burnside one hundreth libs - 
John Chrystie Twenty six libs . . . 
Patk. Neil's succ^'s. fifteen libs 
Cranoch Thomas Gordon eighty libs - - . . 
Margaret Rudoch twenty five libs - 
John Ogilvy Twenty libs - - . - 



£ 


s. 


D. 


500 








300 








460 








120 








65 








100 








35 








84 








100 








26 








15 








80 








25 








20 









28o RECORDS OF THE COUNTY OF BANFF. 

Echeres John Hay eighty Hbs - - - - - 

Poolfald Peter Sim fourty Hb 

Cantly and Windyhills John Ogilvy Two hundreth and 

twenty six libs ..----- 

Lethen for few Dutys one hundreth Hbs - - - 

Brecko for his Lands One thousand four hundreth lbs 

Sum of this parish is 

Bridge of Don Eight hundreth libs - - - - 



£80 








40 








226 








100 








1400 








3776 








800 









Totalis of the Valuation of the whole shire is Eighty thousand pounds. 
This valuation was closed at Cullen the 31^' of October 1690 years, 
and subscribed as follows. (Signed) Patrick Ogilvie, A. Duff, Patt. Duff, 
Alex^ Hay, Jo. Innes. 

Rescinding of Resolution of 8th January, 1706. 

Sederunt of the Commiss^^s of Supply of the shire of Banff holden 

att Banff within the tolbooth yrof upon the last day of January 

Jayvij& and six years, Commiss^'s piit — Carnousie, Crombie, 

Durne yor, Meyan, Glassaugh, Corskie and Litlelield, who 

choised Carnousie preces. 

The which day @nent intima°nes sent to the adjacent parish kirks 

under the Clerks hand by warrand of Glassaugh, Durne yor and Skieth 

to call a meetting of the Commiss'^^ forsd to be here this day in order to 

consider on some matters of importance relating to the sd shire, as the 

sds intima°nes and warrand yrof now produced by the Clerk in 

ym selves bears : 

Compeared the above named Commiss""*, and having beared read ane 
sederunt att ffordyce upon the eight day of January current and having 
considered the samen, ffind that the eighteen pennies imposed at yt 
meetting on the shire over and above the first stent made the fifth day 
of October last to be payed at the termes of Candlemas and Lambas 
next is most illegall in respect it is not imposed by authority, and as yr 
act bears only for defence of a private actione wherein the shire hes no 
concerne ; and therfor ordains the sds Candlemas and Lambas termes 
cess to be collected as stented the sd fifth day of October last being 



COMMISSION OF THE PEACE, 1706. 281 

thrie pounds two shillings six pennies Scots termly upon each lOO lb. of 
valued rent of the shire, by and attoure Dr. Steinsons sallarie qch they 
continue as formerly: Whereanent these shall be the Collectors 
warrand ; and the preces for and in name and at desyre of the metting 
hes sub^ this sederunt. 

Geo. Gordone, I.P.C. 

Commission of the Peace, 1706.' 
Att Edinburgh the fourth day of June Jayvij& and six years. 

Commission nameing Justices of Peace within the shyre of Banff, 
read, voted, approven, signed and ordered to be recorded, wherof the 
tenor follows. 

Anne by the Grace of God Queen of Great Brittaine, France and 
Irland defender of the faith ; To all and sundrie our leidges whom it 
effeiris. Forasmuch as the Commissioners of Supplie and heretors 
within the shyre of Bamff, haveing given in a petition to our Privie 
Councell craveing that their lordships would name Justices of Peace 
within the said shyre, for exerceing the jurisdiction power and priviledges 
granted to Justices of Peace, and Wee considering that it is necessary 
for our service, and the publict interest of the nation that fitt persones 
be appoynted to be Justices of Peace within the said shyre, therfore 
Wee with advyce and consent of the Lordis of our Privie Councell Doe 
heirby Grant full power authoritie and Commission to the persons 
following viz : The Earle Marishall, The Earle of Findlater, Sir 
Patrick Ogilvie of Boyne, James Ogilvie younger of Boyne, Sir James 
Abercrombie of Birkenboge, Sir Alexander Ogilvie of Forglen, James 
Dumbar younger of Durne, John Dumbar of Kirkhill, Alexr. Aber- 
crombie of Glassach, Nicolas Dumbar of Castellfeild, William Lorimer 
Chamberlane to the Earle of Seafeild, John Hay of Muldavid, 
Alexander Abercrombie of Skeith, John Innes of Edingeith elder, 
Alexander Sutherland of Kinminnitie elder, John Ogilvie of Kincarden, 
Charles Gordon of Glengerroch, James Duff of Crombie, John Aber- 
nethie of Meyan, Alexr. Wilson of Litlefeild, George Gordon of 
Carnousie, Alexander Abernethie of Corskie, Mr. Andrew Hay of 
Montblerie, Ro'. Grant of Dunlugas, Mr. William Joss of Cullenard, 

' MS. Register of the Privy Council of Scotland. 
L 2 



282 RECORDS OF THE COUNTY OF BANFF. 

The Laird of Grant younger, John Grant of Easter Elchies, John 
Steuart of KillmachHe, David Steuart of Milnetoun, John Grant of 
Ballendalloch, Walter Grant of ArndilHe, Mr. James Leslie of Tullich, 
John Grant of Ruddrie, Alexr. Grant of Bognduie, John Grant of 
Carran, Robert Cuming of Ricletich, Alexander Sutherland of Kin- 

minnitie younger, Steuart of Tannachie, Alexr. Garden of 

Troup, William Ord of Findachtie, Sir Francis Grant of Cullen, and 
James Ogilvie of Logie, to be Justices of Peace within the said shyre 
of Bamff; with power to them to judge and determine in all matters 
remitted to the cognition and determination of Justices of Peace by the 
severall acts of Parliament, and particularlie the threttie eight act of 
the Parliament Jayvi& and sixtie one, and to putt the laws and acts of 
Parliament in execution in maner prescryved by the said act, and to 
nominat and appoynt constables, and doe every other thing warranded 
by the said act or any other acts laws and customes whatsoever, and 
any three of them to be a quorum ; and appoynts the saids haill 
Justices of Peace to meit and conveine together at Bamff four tymes in 
the year viz: on the first Tuesday of May, first Tuesday of August, 
last Tuesday of October, and first Tuesday of March, and att any other 
tymes they shall think fitt to meet, in which sessions they are to 
administrat Justice to our leidges in all matteris relateing to their 
jurisdiction, and to doe every other thing which to the office of Justices 
of Peace by the law and consuetude of this realme is knowen to 
appertaine and belonge. Given att Edinburgh the fourth day of 
June, and of our reigne the fyfth year Jayvij& and six years. Sic 
subitur : — Buchan, Findlater, Forfar, Cromartie, Ja : Steuart, W. 
Anstruther, J. Hope, Ja. Maxwell, Gilb. Eliot, Jo. Cockburne. 

Sederunt of the Commissioners of Supply of Banffshire holden 
att Banff the elevinth day of Jully Jayvij& and six years, 
Commiss" pnt — My Lord Boynd, Jon Abernethie of Meyan, 
James Dunbar of Durne, Allexr. Gairdne of Troup, Mr. Andrew- 
Hay of Monblearie, Mr. Wm. Joass of Collj'newart, Nicolas 
Dumbar of Castlefield, Corskie younger. 
The Commiss" pnt choised my Lord Boynd preces. The sd day 
my Lord Boynd produced ane act of Counsell dated at Edr. the 4th 
day of June last bypast authorising the persones yrin named to be 



COMMISSION OF THE PEACE, 1706. 283 

Justices of Peace of Banffshire with power to them to exerce as such 
in all things relating to yr jurisdictione and power warranted by law as 
in the sd act of Councile at lenth is cont^: In obedience qrunto the 
Commiss'"s pnt as Justices of Peace appoynts the haill Justices of Peace 
named by the sd act of Councile to meett at Banff the first Tuesday of 
August nixt, being ane head quarterly meetting, and that under the faillie 
of fourty pounds Scots mony for each absent ; and ordains intima^nes 
to be issued out for that effect, and which intima°nes are to require the 
serall clerks and colics of the shyre to bring in yr books and accounts to 
be revised by the sd meetting. The sd Justices appoynts the Justices 
of Banff, Cullen and Kieth districts to meett w yr severall clerks at 
Banff, ffordyce and Kieth rexive the ninteent of Jully current to revise the 
gral acts made formerly by the Justices of Peace, and to report yr 
opinione or amendements anent ym to the forsd quarterly meetting. 
The Commiss^'s pnt orders intimationes to be issued out w all conveni- 
encie for the insueing Lambas cess as formerly stented to be payed in 
after the sd terme under paine of poynding and that upon Thursday and 
Friday weekly allennerly. And the preces for and in name of the 
meetting hes sub^ this sederunt. Patrick Ogilvie, I.P.C. 

The Commission of the Peace of 1706, crisp and succinct in its 
phrasing, was the last in the Scots style. By the act 6 Anne c 6 (1707) 
Commissions of the Peace for Scotland were thereafter issued in 
cumbrous English form under the Great Seal ; and the duties of Scots 
Justices were assimilated to those of England " in relation to or for the 
preservation of the publick peace." Only the methods of " tryal and 
judgment " remained Scots. The quorum of Justices hereafter was 
two instead of the ancient three of Scotland. 

Att Banff the twenty eight day of November Jayvij& and six years. 

Commisrs and Justices pnt : — Birkenboge, Durne, Crombie, 

Troup, Corskie, Castlefield and Collynewart, who choised 

Birkenbog preces. 

Supply of eight months cess on the land rent imposed and stented 

with the salaries of Collector, Clerk and Post. 

Anent a clame Castlefield agt Ballandalloch dect. as on the clame. 
The Commiss^'s as Justices of Peace appoynts James Sime in 
Brangand, James Stewart of Dallachie and Walter Hackat of Cairn- 



284 RECORDS OF THE COUNTY OF BANFF. 

toune, constables for the parish of Boindy, and ordains yin all to 
compier at the first meetting here or upon citatione. John Adam in 
Monblaitton chosen constable at the last meetting here for the parish of 
Gamrie compearing perlly accepted the sd office in and upon him, and 
gave his oath de fideli. And the preces for and in name of the meetting 
have sub^ this sederunt. Ja. Abercromby, I.P.C. 

The Commissioners on 30th January 1707, having stented the 
Candlemas cess, etc., increased the Collector's salary to 650 merks, 
and the Clerk's to 250 merks. The Post was continued to Candlemas 
1708. 

On 5th Feby 1707, in accordance with an act of Parliament in 
favour of Mrs. Jean Ramsay, relict of Lieut. General George Ramsay, 
to meet payment of arrears due to him in clothing a regiment of guards, 
the Commissioners imposed at Candlemas one week's cess at eight 
shillings and one penny Scots. Similar stents were made at Candlemas 
1708, 1709 and 1710. 

The Corporate Union of the Parliaments of England and Scotland 
took place on ist May 1707. That year, 8 months' cess was imposed 
by the new British Parliament, and in terms of the Act of Union the 
amount for Scotland was £47,954 i6s. stg., the proportion for England 
being jTi, 995,882 os. 5^d., the whole to be raised in a year from 25th 
March 1708. The amount to be raised from Banff was ^^95 12s. y^d. 
stg. per month. These sums remained stereotyped thereafter as the 
contributions of the land tax from Scotland and England, though they 
were annually imposed until the Land Tax Act of 1798 made the tax 
perpetual. 

On 30th December 1707, the Commissioners, in respect of two 
parties quartering on the shire at Candlemas and Whitsunday when the 
cess money due was on the road for Edr., add the deficiencies so 
caused to next Candlemas cess. Representation ordered to be made 
to the Treasury by bill shewing the diligence done by the shire 
regarding Ballandalloch's debenture, and craving allowance thereof in 
the ensuing Candlemas cess. 

. Sederunt of the Commiss" of Supply of Banffshyre holden at 
Banff the Twenty seventh day of Aprile 1708 years. Com- 
missi pnt — Alexr. Abercrombie of Glassaugh, Robert Grant of 
Denlugas, Mr. Wm. Joass of Collynewart, Nicolas Dunbar of 
Castlefield, George Stewart of Rosieburne. 
The sd day the Commiss'"'* pnt choises Glassaugh preces. 



STENTING THE QUEEN's CESS, 1708-g. 285 

The Collector produced discharges for payment by him to the 
General Receiver and Mrs. Ramsay of the cess due to them ; and his 
bond of cautionery lying in Collynewart's hands is ordered to be handed 
over to him. 

The sd day the Comiss''^ piit having mett upon a call (the rest also 
being advertised) from the Shreff deput isued out by warrand of the 
act of the British Parliat anent the supply qrby yr is 8th moneths cess 
payable by yt part of the United Kingdome called Scotland at the 
termes yrin spec'^, and by the sd act the rexive Commiss'^^ are appointed 
to meett at the srall head burghs this day, and the sds Commiss" 
pfit having mett to stent and proportione the sd cess and to choise the 
Coll"" and Clerk yrof : Patrick Leslye, former clerk, is elected Clerk 
to the new Supply and Castlelield is continued Collector. Their 
former salaries were 650 merks Collector, and 250 merks Clerk. 
Sieing yr wes a termes paines to both Coll"" and Clerk by Mrs. 
Ramsays cess collected at Candlemas 1707, qch wes not foreseen qn 
the sd last sallarie wes allowed and given, therfor the Commiss'^^ add to 
Collector and Clerk ane hundred merks equally betwixt them to yr 
former sallary, making in all to be stented for the new cess one 
thousand merks of sallary to Coll"^ and Clerk as above. 

The Commiss^'s also continues the Post and allows him his former 
sallary. 

And the Commiss'"s, having stented and casten the Queens cess of 
this shyre as given up in the forsd act of Parliat with the above 
sallaries, ffinds that at each of the four termes of the said new cess viz., 
the 24th June nixt, the 29 Septer nixt, the 25th Der also nixt and the 
25th March 1709 years, the sd new cess is payable by equall portiones, 
the proportione of this shyre is three pounds three shillings Scots on 
each hundred pounds of valued rent of 79200 lb. valued rent of the sd 
shyre, qch payes the Queens cess and the above sallaries. 

Dr. Steinson's sallary continued and stented on those willing to pay. 

Alexr. Abercrombie, I.P.C. 

On 5th May 1708, the Commissioners approved of the preceding 
sederunt in omnibus, with this addition that the cess be paid at the 4 
terms at such times as will allow the same to be transmitted to Ed^ by 
the 24th June, 29 Septr., 25 Deer., 25th March. 



286 records of the county of banff. 

Attendance of Freeholders on the Lords of Justiciary. 
Sederunt of the Commiss''s of Supply of Banffshyre att Banff the 
nth day of May 1709 years: — Present Mr. Wm. Joass of 
Collynewart and John Mark Provest of Banff. 
The meeting called to impose annual cess, finding that most of the 
Commiss^s of Supply of this shyre are at pnt as ffreeholders attending 
the Lords of the Justiciary at Abd., and yrfor could not attend this 
dayes meetting, adjourned to Thursday the nynteinth current at 
ffordyce. 

Sederunt of the Commiss" of Supply of Banffshyre holden at 

ffordyce the 19th day of May 1709 years by the Lord Deskfoord, 

Collynewart elder, Castlefield and Provest Mark, who choised 

my Lord Deskfoord preces. 

The Commiss*^ being in the certaine knowledge that sralls of the 

Commiss''s are not yit returned from waiting on the Lords of Justiciary 

adjourne to Tuesday nixt the 24th current at Banff. 

Deskfoord, Preses LP.C. 

At Michaelmas 1709, the freeholders of Banffshire protested' against 
the burden of attending on the Lords of Justiciary in their circuits, 
and relief was soon obtained by the act 8 Anne c. 16, which discharged 
all such attendance. 

Sederunt of the Commiss'^^ of Supply of Banffshyre at Banff the 

24th day of May 1709 years, Comissi^^ pnt The Lord Deskfoord, 

Troup, Collynewart elder and younger, Cromby, Moncoffer, 

Carnousie and Castlefield, and Provest Mark. The Commiss" 

pnt choised Lord Deskffoord preces. 

Castlefield produced discharges for payment of cess to 25th 

December 1708. His bond of cautionary ordered to be delivered 

up to him when he presented a discharge for cess to 25th March 1709. 

The Collector and Clerk continued and the cess stented. Dr. Steinson 

the Post's salary continued and stented on those allennarly who 

pleases to pay the samen. 

Att Cullen the 6th day of December 1709 years. Sederunt of the 
Commiss*^** of Supply of Banffshyre holden by The Lord 
Deskffoord, Birkenbog and Logie and Skieth and Castlefield, 
who choised The Lord Deskffoord preces. 
' See p. 127. 



THE GORDONS OF ARDMEALLIE. 287 

The sds Commiss'"^ having gott in ane acco^ of expenses debursed by 
Mr. Boyes in giving in ane peti°ne to the Barons of Exchequer (by the 
Commiss^'s order) craving allowance of the old debenture due on 
Ballandallochs lands, which acco* w^ the postages debursed by the Clerk 
anent the sd matter extends to about nynteen pounds Scots stent the 
same on shyre at six pennies Scots. They ordain that last terms cess 
be payable with Mrs. Ramsay's cess at Candlemas next. 

The Commis'"s orders yr Clerk to draw up a schem anent the 
debentur due on Ballandallochs lands, and to give in the same to the 
Laird of Glassaugh to be by him, w^ the Earl of Seafields concurrence, 
represented to the Lord High Treasurer, that the shyre may either gett 
allowance yrof in yr cess, or that a pairty of forces may be ordered to 
quarter locally on the sd deficient lands untill pay^ of the sd debentur ; 
and in case a pairty doe quarter yrfor ordaines the above nynteen pounds 
Scots to be quartered for till the shyre also be repayed yrof. And the 
preces hes sub^ this sederunt. Deskfoord, Pres. LP.C. 

The Gordons of Ardmeallie. 

On nth May 1710, Ardmellie yor and Dykeside did first qualifie 
ymselves as Commis'^s of Supply by takeing and subscryving the oaths 
of alledgeance and assurance to hir Matie. 

ArdmeUie younger was Peter or Patrick, eldest son of James Gordon 
of Ardmeallie. James Gordon was third son of George Gordon, IVth 
laird of Coclarachie, and brother of Alexander Gordon, Lord 
Auchintoul. Patrick was therefore first cousin to Major-General 
Gordon of Auchintoul. On 25th July 1672, saising was given to 
James Gordon, brother germaine to Alexr. Gordone off Auchintoull 
and Issobell Meldrum, his spous, in conjunct fie and lyverent off all 
and haill the toune and lands of Ardmeallie, with the teynd sheaves 
yroff and uthers. 

The former proprietors of Ardmellie, as seen from the following 
sasines, were John Gordon and his son James Gordon. 12th November 
1667. — Saising James Gordone, eldest lawfull sone to Johne Gordone 
of Ardmeallie, off all and haill the just and equall halff of the suniesyde 
and toune and lands of Ardmeallie and others vith the pertinents. 
5th (or) 25th May 1671. — Saising given to James Gordon younger 
of Ardmellie and Lille Harvie his spous off all and haill the sunne- 
syde halff of the toune and lands off Ardmellie, and to the sd 
James Gordone the just and equall halff of the shaddow lands of 
Ardmellie possest be Johne Gordone, 



288 RECORDS OF THE COUNTY OF BANFF. 

Dykesyde was William Dunbar, eldest son of Nicolas Dunbar of 
Castlefield. 

On 25th May 1710, the land tax for 1710, including Collector's, 
Clerk's and Post's salaries was proportioned at £^ is. lod. Scots 
imposed and made payable on the first days of June, September and 
December 1710, and the first day of March 171 1. 

On nth May 1711, the current cess was stented as in 1710. In 
regard to Ballindallochs debentur the Commis''s appoynt a letter to be 
wrin to Mrs. Ann Grant, sister to the Laird of Grant and his factrix and 
ane other to Collonel Wm. Grant, one of Grants Trustees desyreing 
they may cause take course to the sd debentur to prevent further 
trouble, qch lers the Commis''^ recomended to Arindillie's care. 

The Grants of Arndilly. 

William Grant of Ardalie,^ third son of Duncan Grant, second laird 
of Balintomb, sat in the inquest for the retour of Robert Grant of 
Dalvey on 26th July 1661. He married Jeane Grant, one of the five 
daughters of John Grant of Galdwall, now part of Arndilly. On 27th 
December 1658, these daughters, Margret, Isobell, Marjorie, Agnes and 
Jeane, took sasine each of the fyft pairt lands of Easter Galdwall. 
In 1665 the executors of the Laird of Grant were owing to Patrick 
Grant,2 son of John Grant of Galdvall, two sums of money. William 
Grant had, before 1672, acquired Arndilly, and was founder of that 
family, having four sons and three daughters. Shaw, in his " Moray," 
calls this laird John of Arntullie, and makes him second son of 
Archibald, first of Bellintomb. 

William's eldest son Walter married Margaret, third daughter of 
William Leslie of Milton of Balvenie, and on 8th January 1672 
saising was given to Margaret Lesly, spous to Walter Grant younger 
off Airdentillie, off all and haill the eight oxgaite lands of the 
Mylnetoune off Balvenie with the Walkmilne yrof. On 14 ffeby 
1682, two sasines were given to Walter Gran,t one of the portioners 
of Galdvall and Margaret Leslye his spouse of and upon all and 
haill that part and portione of the lands of Easter Galdwall. On 22nd 
May 1684, sasine was given to Walter Grant of Ardendillie of and upon 
all and haill the tounes and landes of Ardendillie. On 7th June i6go, 
Walter Grant of Erdendillie was appointed a Commissioner of Supply 
for Banffshire. On 30th December 1693, Walter Grant took saising 
of the just and equall fyft part of the lands of Easter Galwall, 

•Fraser's "Chiefs of Grant," Vol. I., p. 514. 
'■'Ibidem, Vol. III., p. 350. 



THE GRANTS OF ARNDILLY. 28g 

Tomnabreck and Belnacoull. The same day saising was taken by him 
and Margaret Lesly, his spous, in lyfrent of two fyft pairts of the 
lands of Easter Galdwall. 

On 6th October 1702, he was present at Banff at the election of 
James Ogilvie yr of Boyne and Alexander Duff of Bracco as Commis- 
sioners of the shire to Parliament. He was entered next year in the 
suite roll of the county for the lands of Airndille and Miln of Papine. 
On 5th August 1704, he was again appointed a Commissioner of Supply 
for Banffshire. With his cousin Sir Francis Grant of Cullen, he acted 
in 1712 in the tutory of Alexander Grant of Bellintome. He was 
succeeded by his eldest son, Thomas Grant of Achoynanie, Keith. 

4th March 1712. — Sir James Abercromby of Birkenbog and Wm. 
Duff of Bracco intimated to the Commissioners that they had obtained 
a decree of relief against several of the Commissioners of the shire in 
the action Wm. Dunbar against them, and that Dunbar had appealed 
from the Lords of Session to the Brittish Parliat. The sds Birkenbog 
and Bracco protested that the Commiss^^ and oyrs concerned may be 
lyable to defend ym, etc. 

13th May 1712. — The cess imposed. Castlefield reappointed 
Collector at a salary of 700 merks, and Patrick Leslie Clerk at 300 
merks. The Post continued. 

Window Money. 
The sd day Castlefield represented to such of the Commiss^'^ pnt as 
are Justices of the Peace that at yr desyre, he having undertaken to 
collect the window mony of this shyre due in anno 171 1, he hes got a 
pairt, and yr is yit a remainder owing by the shyre, and now the sd 
Castelfield declined to collect further in respect he had not above 7s. 
ster yeirly of sallarie allowed him by the act of Parliat; and yrfor 
dimitted the sd collectione . . . and Patrick Leslie clerk to the sd 
window mony likewayes gave over the sd office : The Justices accept the 
sd dimissiones . . . and considering that James Ogilvy and David 
Stewart col^^ of the excyse of Banffshyre have a salary for surveying 
the windows of this shyre . . . nominate ym collectors of the sd 
window mony . . . 

The act 8 Anne c. IV. granting new duties upon houses having 
twenty windows or more for the year 1710 was made perpetual 
by 3 Geo. L C. 8 and 5 Geo. L C. 19. These acts were repealed by 
20 Geo. n. C. 3. 

m'2 



2g0 records of the county of banff. 

Abuses in the Manufacture of Linen Cloth. 

Att ffordyce the seventeenth day of September 1712 years: 

Sederunt of the Justices of Peace and Commiss'"^ of Supply of 

Banffshyre — The Earle of ffindlatter, My Lord Deskfoord, My 

Lord fforgland, The Lairds of Carnousie, Bracco, Birkenbog, 

Durne, Skieth, Boig, Collynevart and Castlefield, who choised 

the Earle of ffindlatter preces. 

The sd day the Justices of Peace pnt takeing to yr considera°ne the 

act of Parliat made last sessione to prevent abuses in makeing linnen 

cloath, etc., and having caused read the same they recomend to the nixt 

quarterly sessione of the Justices to cause putt the sd act to vigorous 

execu°ne w^in the sd shyre, and in order yrto and yt all persones may be 

certified of the sd act, that yr be copies of the sd act sent to the Justices 

of each district of the sd shyre, and . . . that some gentleman 

in each parish keep the same as a standart for the parish, whom the 

Justices are to nominat for this end: Recomends also to the sd quarterly 

meetting to appoint Stamp masters and places for stamping the pieces 

of linnen w^in the shyre, as will be most convenient for the inhabitants 

. . . . Recomends also to the quarterly meetting to authorise the 

rexive districts to conveen the weavers and give ym necessary direc^nes 

for weaving the sd linnen cloath .... Findlater, P. 

The act 10 Anne c. 21 was passed in 171 1 to prevent abuses in 
making linen cloth. Defects were common in the unequal length and 
breadth of pieces, in the unequal sorting of yarn and in inferior bleaching. 
These abuses in manufacture, the preamble narrated, tended to the great 
debasing and undervaluing of linen cloth both at home and abroad. 
Overseers or searchers of linen were authorised to prosecute offending 
weavers; and Magistrates in Burghs and Justices to landward were 
directed to make stamps and appoint stamp masters, so that properly 
manufactured linen might be stamped before exported for sale. Manu- 
facturers were forbidden, under penalties, to use lime or " pidgeons' " 
dung in whitening or bleaching linen. 

7th July 1713. — Castlefield and Patrick Leslie continued Collector 
and Clerk at their former salaries, with this proviso : If it happen that in 
lieu of the pfit malt tax imposed, the Parliat doe impose any more cess 
on Scotland payable this year, the Collector and Clerk will serve for this 
cess gratis. The Post continued as formerly. The cess stented at 
£Z 6s. 4d. Sc. 



THE ACCESSION OF KING GEORGE I. 2gt 

In answer to a complaint regarding the collection of the window tax, 
the Justices answer Mr. Plummer, General Receiver, that no suitable 
encouragement is given to a collector. 

The Accession of King George I. 

Queen Anne died on ist August 1714, and the Hanoverian succession 
opened to an elderly German. His greatest defects, his ignorance 
of English and his overpowering regard for Hanover, were his salvation 
in keeping his throne, as he passed more completely into the hands 
of his English Ministers, and of Argyle in Scotland, in everything that 
pertained to the internal government of Great Britain. Apart from the 
Parliamentary settlement of the Crown, which applied equally to the 
Orange William and the Stuart Queen Anne, the Hanoverian regime 
and policy was as strongly founded on Royal prerogative as that of the 
Stuarts ; and it is a mistake to assume that at this era, when a small 
aristocratic junta controlled the Commons, constitutional freedom 
was otherwise in any way advanced. The open immorality of the 
new Court, coming after the stricter rule of life of William and 
Mary and Anne, was a bad reversion to the days of Charles II., without 
any redeeming grace of wit or beauty. The succession opened 
amidst much popular and Jacobite opposition. 

The following letter from the charter chest of Cullen House, un- 
signed, and with a request to burn it, which was unheeded, gives some 
indication of the expectant state of feeling in Moray and Banff. 
The minute of 13th August records the usual imposition of the 
yearly cess, but shows signs, as well it might, of local uneasiness in 
the establishment of an additional post to Aberdeen, and in arming 
the people against possible outbreaks by the Highlanders. 

Elgin 1 2th August 17 14. 
Sir, 

I received yours. The news of the Queens death was 
surpriseing here, but all, both high and laigh, are yet quiet, and by all I 
can see or learn will be so while ther be ane landing or some 
commanders or leading men come to the countrey. I have been with 
severall gentlemen in the countrey off different principalis, but all 
suspend ther opiniones at the time, and will doe soe whatever they think 
till they have further advice. I doe not think anie off the Highlanders 
will brake louse or invest the [low] country while something else happen, 
because [their] chiftains must answer in the event for ther clanns ; and 
both masters and men payed verie weel for ther outbrakeings and ill 
neighbourhood in the beginning of the last revolutione. Whatever 



292 RECORDS OF THE COUNTY OF BANFF. 

occurrs worth noticeing, if necessar, yow shall have ane accompt 
immediatlie by ane express, and shall expect the lyke from yow. I give 
my humble duty to all our good friends, and allwayes remaines. 

Sir, 

Your humble servant. 
Sir, 

Burn this letter after reading. 

Sederunt of the Comiss''^ of Supply of Banffshyre held at Banff 

the 13th day of August 1714 yeares by My Lord Deskfoord, 

My Lord fforgland, Birkenboig, Durne, Park, Troup elder, 

Carnousie, Monblairies elder and yor, Meyan, Kinairdy, Easter 

Elchies, Achoynanie, Kilminnity, Logic, Melrose, CoUynevart, 

Bog, Balnoon, Knockorth, Edingeiths elder and yor and 

Provest Mark, who all unanimously choised My Lord Deskfoord 

preces. 

The Commiss''s pnt being mett this day and place by vertue of 

intima°nes issued by the Shreif Deput threw the shyre calling them to 

meett as sd is to choose the Clerk and Coll"" to the new supply imposed 

by ane act of the last sessione of Parliat to be raised by a land tax in 

Great Britan for the service of the yeir T714, and to stent and 

proportione the sd new supply, the sds Commiss'^^ having seen and 

perused the sd act of Parliat, they all unanimously choise Patrick 

Leslie yr former clerk to be clerk to this new supply. The sd day 

Castlefield having w''in a ler to the meetting, qch being read, the 

Comiss''^ returnes Castlefield yr thanks for his former good services to 

the shyre. Thereafter Patrick Leslie, in name of Castlefield, produced 

and gave in to the meetting a discharge for the cess of Banffshyre due 

in March 1713, dated 15th Septer 1713, signed by Gavin Plummer deput 

receater, as also produced ane oyr discharge for the cess of the sd 

shyre due in September last signed by the sd Gavin Plumer and dated 

the 6th day of Aprile 1714 yeares, both qch discharges the Commiss'^* 

appoynts to be regfat and extracts keept by the Clerk for the shires 

behoof. As also the sd Patrick Leslie produced two lers direct 

to him by John Philip, Auditor of the revenue at Egr, acknowledging 

his having 1600 lb. Scots in his hands to be apj)lyed towards the 

last March cess of the sd shyre, and represented that the remander of 



MEASURES TO PRESERVE THE PEACE. 293 

the sd March cess wes due by the shyre, and by some cash in hand 
qch the former Collr wes wiUing to give up to any should be now named 
Collr to the new supply at the sight of a comitie of the Comiss'^^ and 
upon his recept and oblidgement to apply the same and retire the sd 
former ColK^ bond of caurie. The Comis''s appoynts intimationes to 
be issued requiring those lyable for bygone cess to pay in the same to 
the former ColK, and impowers him in case of necessity to call for a 
pairty from the Gen^^ Receiver and order them on the sds deficients 
when he thinks fitt. A committee was appointed to meet Castlefield in 
Banff on ist Septr. to arrange matters with him. 

Mr. Andrew Hay appointed Collector. 

The Commiss''s yrafter having called the votes who should be Coll"" 
of the sd new cess, they all unanimously elect and choise Monblairie 
yor Mr. Andrew Hay to be Collector of the sd new supply. The sds 
Commiss''^ continues the piit Col^^ and Clerks sallaries as last year, to 
witt six hundred merks to the Coll*" and three hundred merks to the Clerk. 

The shires Post is continued as formerly at two shillings 
sterling weekly. As also because of some present emergencies they 
appoynt another post and runner to goe from this to Abd. weekly and 
that for half a yeir reckoning from friday nixt, and allowes him two 
shillings sterling weekly also for the said space being twentie six 
weeks. . . . 

Measures to Preserve the Peace upon the pnt Emergence. 
The said day their being a letter produced direct to the Shreff of 
this shyre from the Lords of Justiciary the Barons of Excheqr and oyrs, 
wherein they recomend to all the judges ordinary to take notice of the 
peace of the country upon the pnt emergence, in consequence of qch 
letter the Comiss^'s piit as Justices of Peace does appoynt the same to be 
publictly intimat, that the whole country may be warned in case of any 
robberies or depredationes from the highlands, or oyrwayes to guard 
themselves, and that in ordor yrto all heritors may inquire and take 
care how the people belonging to them are armed, and that they doe 
take notice they be provided w^ guns and any oyr weapons for yr owne 
defence. The Justices appoynts that this be intimat w' all dispatch 
possible, and the preces has sub'i this sederunt. 

Deskfoord, Preses, I.P.C. 



294 RECORDS OF THE COUNTY OF BANFF. 

The public intimation was accordingly made, as the following copy 
of the advertisement from the Cullen House charter room shows. 

By order of the Justices of Peace of Bamfshyre these doe intimate 
to and warn the inhabitants of the sd shyre, that because some incon- 
veniences depredations and incursions may happen upon the occasione 
of the late Queen's death, and that ye contry and every persone yron 
concerned may be in some posture of self defence they doe appoynt ye 
haill heritors forthwith to cause the people belonging to ym be weell 
provided in gunns and oyer defensive to preserve the publict peace of 
the shyre, and that all persons may be certified hereof appoynts these 
piits to be intimate by the reader from the latron after divine service on 
the first Sunday after sight herof. Given by order frsd att Bamff the 
threteenth day of August 17 14. 

Geo. Leslye. 

Nicolas Dunbar of Castlefield. 

Nicholas Dumbar in Castellfield being oft tymes called and not 
compeirand at the instance of John Menie pror fiscall, for disturbing 
the peace of the towne in stricking of James Ogillvie as was alleged, 
was unlawed in ten pounds money for his contumacie. This entry 
in the Court Books of Cullen in 1677 is an arresting introduction 
to one who became Sheriff depute of Banffshire, and who is only 
remembered now as the judge that sentenced James Macpherson 
to be hanged in Banff for sorning and reiving. The estate of 
Castlefield, in Rathven parish, now included in the domain surrounding 
Cullen House, was in 1660 the possession of Nicolas' relative, 
Mr. George Dunbar, who was that year appointed Commissioner 
from Cullen to the Parliament meeting in 1661, threttie shillings 
Scots ilk day for his charges being allowed him. On 28th Apryll 1664, 
there was recorded a renunciation by Elizabeth Lawtie, spous to Mr. 
Georg Dunbar of Castellfield and the sd Mr. Georg for his entries of 
and upon the toune and lands of Ramore and teynd sheavs therof. 
Later, on 20th July 1664, there was recorded a seasing Mr. Georg 
Dumbarre of Castelfield and Elizabeth Lawtie, his spous, of the toune 
and lands of Ramore. Next year, as his tombstone in Cullen Church- 
yard shows, he died. His widow, who had been provided in 10,000 
merks Sc. in liferent, renounced £"1000 Sc. of this amount, declaring 
herself satisfied with 8500 merks, wadset and impignorat on the lands 
of Castlefield and Ramoir.' 

' Dr. Cramond's " Annals of Cullen," p. 42. 



NICOLAS DUNBAR OF CASTLEFIELD. 295 

In i66g, Nicolaus Dunbar in Castelfield together with William 
Gordone of Forscane and John Innes of Edingight were admitted 
burgesses of Cullen. The retour of James Dunbar of Inchbrook as 
heir of Mr. George Dunbar of Castlefield, his brother, in the lands of 
Castlefield in 1676, shows that Nicolas, though residing in Castlefield, 
was not the son of George Dunbar. He may have been son of this 
James Dunbar, and nephew of Mr. George. Inchbrook, part of the 
estate of Westfield, near Elgin, and long a Dunbar possession, 
points to the Dunbars of Castlefield being connected with those of 
Westfield. 

A close neighbour and friend of the 3rd Earl of Findlater and of his 
son, Nicolas Dunbar received from Sir James Ogilvie, Sheriff Principal, 
a commission as Sheriff depute of Banffshire, which was presented on 
2nd February 1693. In the Commission he is designed of Castelfield. 
That he had been married for some time appears from a letter 
to Sir James Ogilvie from Robert Paterson, Principal of Marischal 
College, Aberdeen, dated 27th April 1694, asking him since ' ye 
wes educat at Marshaill Colledge ye will continue a friend to the sam, 
and now to evidence it, its exspected ye will speak to your Shiref deput 
Castelfeild to send his son to Mr. Pecock^ to be educat. The son was 
probably William,^ described eldest son of Nicolas Dunbar of Castlefield, 
when he was in 1698 admitted a burgess of Cullen. On nth October 
1698, Nicolas Dunbar was appointed Collector of the County Cess. 
The Sheriff depute was withal a sportsman. Writing to his neighbour, 
James, 3rd Earl of Findlater, from Castlefield on 28th October 1704, 
he says : The posts importunitie to be gone made me omitt to give 
your Lop. ane accompt of ane setting dog that samtyme I had on heir 
and wes trying him, and since that tyme I called for ane other. Both 
dogs are young and can doe very weill in moors ; but I could not get 
them so tryed in dale ground for partridges. The pryce of either of 
them was fourtie punds Scots, but I believe they would have taken 
fiftie merks. Therfor I would have your Lop. sending Donald Shaw- 
north that he may make a full tryall of them, and choise the best. In 
171 1 he was one of the members of the Town Council of Cullen. 
The preceding minute shows that he demitted office as County 
Collector on 13th August 1714. He died in 1718, and that year the burgh 
accounts of Cullen were charged with 6s. Scots paid to the officer for 
charging the inhabitants to Castlefield's burial. He was succeeded by 
his eldest son William, designed of Dykeside, who took sasine on the 
lands of Castlefield on 7th November 1718. Dykeside"^ married a 
daughter of Walter Grant of Arndilly. 

' Seafield Correspondence (Scot. Hist. Socy.), pp. 141-2. 
" Regent, Marischal College, Aberdeen. 
3 Dr. Cramond's *' Annals of Cullen," p. 59. 
♦Fraser's "Chiefs of Grant," Vol. I., p. 514. 



296 records of the county of banff. 

Patrick Leslye of Melross. 

Writing from Cullen on 29th August 1714, Lady Deskford relates: — 
On Friday, Mr. L[orimer] had some proclimations about takeing the 
oaths to the King. Peter Lesly haveing died sudenly last week of a fitt 
of the palsie, there was no one to put them in execution, for Castelfeild 
excused himself, so Mr. L. went to Ld F[orgle]n and they agreed that 
the Justice of Peace [Clerk] is to do it. Patrick Leslye, the Clerk of 
Supply, thus died on the Friday before 29th August 1714. 

On loth September 1703, he was, through the influence of 
the Earl of Seafield, conjoined with his father Burdsbank in the 
office of Sheriff Clerk of Banffshire. He was appointed Joint 
Clerk to the Commissioners of Supply on 12th September 1704. 
Seemingly he was not married at this period, for on 26th March 
1704, the kirk session records of Banff shew that he appeared 
in a humble and submissive manner, confessing his sin with Jean 
Sim, servant to his father Burdsbank, and, giving evidence of his 
repentance in public at both appearances, was absolved. Notwith- 
standing his appearance on the public stool of repentance, Patrick 
Leslye in 1705 figured before the Town Council of Banff as a critic of 
the Burgh Schoolmaster and moral censor, in his objections to the 
appointment of Patrick Morrison, late doctor ^ in the school of Banff as 
Burgh Schoolmaster, because he is not a graduat, and so is not in ane 
capacity to say evening and morneing prayer, and read in the church 
the samen, being ane part of the Schoolmasteris dewitye. He could 
keep no order in the school, was not qualified to teach Latin and 
Greek, and was a habitual drunkard and cairder, and specillie it is 
offered to be proven that he went in with ane caball of his owne to the 
house of Ballyie Wallace one night at sevin accloack at night, and 
drank and played at cairds all that night untill sevin acloack nixt 
morning. Naturally the " Ballyie's " colleagues refused to allow the 
protest to be inserted in the principal Register as the same is 
scandalous and ought not to be inserted until proven. They accordingly 
appointed Mr. Morrison schoolmaster. 

For the county supply, Patrick Leslye was, on 5th October 1705, 
appointed sole clerk at a salary of 200 merks, and the Commissioners 
ordained Jon Donaldsone to deliver up to their piit clerk the whole 
books, records, sederunts and papers belonging to the shire in his hands 
as former clerk, which was accordingly done on the 31st of January 
1706. He held the appointment of clerk to the Justices of Peace of 
the county. He married, about this time, Margaret, daughter of 
Ramsay of Melrose, in Gamrie, and the register of births in Banff 

' Teacher. 



APPOINTMENT OF THOMAS DUFF AS CLERK OF SUPPLY. 2g7 

shews that he had a daughter Mary and a son WilHam baptised 
respectively in 1707, 1709.^ He had also a daughter Bathia, who 
married Dr. James Saunders, Banff, and a son George. He was 
succeeded by his son William. 

Appointment of Thomas Duff as Clerk of Supply. 

Sederunt of the Committee of the Commissioners of Supply of 

Banffshire appointed to hold this day by the last generall 

meeting, as also of severall oyrs of the Commissioners of the 

said shire conveened upon this first day of September Imvij«= 

and fourteen years viz.. My Lord Forglen, Provost Mark, 

Collenwart, Easter Elchies, Kinnardie, Tullich, Troup, Rothe- 

may, Achoynanie, Montblery younger. Bog, Meyan and Kil- 

minitie, who unanimousely chose my Lord Forglen to be their 

preses. 

The said Commissioners in the first place unanimousely made choice 

of Thomas Duff, lawfull son of Robert Duff in Hillockhead, in place of 

Patrick Lesly of Melross deceased, to be Clerk to the Commissioners of 

Supply, and appoint the former sallary of three hundred merks. He 

takes the oath de fideli administratione and agrees, if he is appointed 

J. P. Clerk, to serve on the same terms as Patrick Leslie. 

The Commissioners, upon considera°n that Castlefield is very 
tender, and Mr. Lesly his ffactor deceased, they recommend to 
Montblery yor to do diligence for inbfinging a deficiency extending to 
four hundred and nyntie punds thirteen shs. and four ds. Scots. 

The Cornish's are informed by Burdsbank yt the Valuation Rolls of 
the shyre are amongst Patrick Leslys papers — the same are ordered to 
be given up to Mr. Hay. Burdsbank delivered up to Thomas Duff, 
clerk, the present Sederunt book of the Commissioners of Supply, as 
also another book of Sederunt ^ of the Justices of Peace and Coinis''^ of 
Supply of the sd shire, begun in August 1708 and ending in August last. 
The Commissioners pfit recommend to my Lord fforglan to write to 
my Lord Findlater y^ his Lordship would be pleased to take under his 
considera°n the present need the Justices of Peace in this shire have of 
a Clerk, and to procure a commission yrefor to any is most acceptable 
to his Lop ; and if he be satisfyed w* Mr. Duff, the Commiss^s piit 

' Dr. Cramond's "Annals of Banff," Vol. II., p. 288. ^ This book is not now extant. 

N 2 



298 RECORDS OF THE COUNTY OF BANFF. 

recommend him to his Lops care and goodnes; and also to acquaint 
his Lop that this day the Justices of the Peace ^men'^ did meet and 
would have qualified yinselves and giA'en orders to oyrs, but the want 
of a Clerk impeded them. 

Alexr. Ogilvie, p. 

John Philp, writing to his cousin William Lorimer, chamberlane to 
the Earle of ffindlater at Cullen, from Edinburgh on 8th September 
1714, says: I receaved a letter from Bracco recommending a friend of 
his of the name of Duff to be Clerk to the Comm'"^ of Supply. I 
think it very proper for my Lords interest to prefer him. Thomas 
Duff had been appointed seven days before. He was chamberlain ^ to 
Bracco, and was the eldest son of Robert, in Hillockhead, Botriphnie, 
who was fourth son of George Duff of Edendiach, fourth son of Adam 
Duff of Clunybeg. 

The Commissioners on gth December 1714, record an obHgation by 
Archibald Ogilvie of Rothiemay to relieve John Abernethie of Meyan of 
all cess and public burdens on the two oxgate land of Corskellie, the 
proportion of valued rent effeiring to Corskellie being ,^23 6s. 8d. Sc. 

Sederunt of the Commissioners of Supply of Banffshire held at 
Banff the twenty eighth day of July, Imvij'^ and fifteen by the 
Lairds of Kinairdie, Bog, and Provost Mark, who being all 
qualified according to law choosed Kinnardie to be preses of 
this meeting. 

The meeting called by the Sheriff depute (Provost Mark) to impose 
the land tax granting ane aid to his Majestic, appointed the former 
Clerk Thomas Duff, who presented a letter from Mr. Andrew Hay, 
Collector for Edinburgh, excuseing yt he cannot get this meeting 
keeped, on which the Commissioners present excuse his absence. He 
is again appointed Collector. The cess, including salaries, stented at 
^3 6s. 4d. Sc. on each ;^ioo Sc. valued rent termly on 29th Septr. 1715, 
and 25th March 1716. Committee appointed to meet with the Collector 
on i6th August and settle matters with him. 

This Committee met accordingly on i6th August, but as Montblairy 
was not yet north, adjourned to 1st September. On ist Septr the 
Committee present, viz., Bog, Collenwart, and Provost Mark, under- 
standing that Monblery yor is necesrly with drawn at Edinburgh and 

• "The Book of the Duffs," pp. 431-2. 



THE EARL OF FINDLATER AND THE THREATENED RISING. 299 

cannot be north for eight or ten dayes at least, they adjourn this 
meeting to the i6th day of September current, and ordain Montblery 
their Collector to meet with any three of their number the sd day. 

On 6th September 1715, the Jacobite standard was raised at 
Braemar. 

On i6th September 1715, Mr. Andrew Hay, yor of Montblery, 
Collector, attended the Committee and gave up an accounting, and 
lodged a bond of caution for the cess of September 1714 and March 
1716, signed by Alexander Reid yor. of Barra. All deficients were 
ordered to be quartered on. 

Meantime the Earl of Findlater had been in Edinburgh, and 
the following letters from the Cullen House charter chest throw 
interesting light on the course of events, including the arrest and early 
liberation of his son Lord Deskford. Findlater, who had anxiously 
desired employment under the Hanoverian government, but was 
disappointed, carefully abstained from any participation in the rising, 
but noted with regret his own waning influence beside the rise of 
young Grant of Grant, who soon became Lord Lieutenant of the 
county, and for some time wielded the greatest influence in its affairs. 

From the Earl of Findlater. 

Edinburgh, Aug. gth 1715. 
William, 

You see my resolutions are to live peaceably and to give no 
offense to my nighbours or any others whatsoever ; and whatever be the 
event of this great affair, I will follow out my principle in doing 
prejudice to no person. Therfor you must take care that all my 
tennents and dependers live innocently and peaceably. I know my 
nighbours will be friendly to me, but if they should not, I cannot help 
it. I think against stragglers wee should keep a gaurd both for the 
house and land, in case the H — ders begin to brake. I know not 
what will be the future event, but the two last posts brought us nothing 
considerable, and ther are several letters from London that bears they 
think ther will be no invasion at this time. I saw a computation 
of K — G — his forces. It is writte that he will have twentie 
regiments of dragoons besydes the Gaurds and some regiments of 
horse. The new levys are almost compleat except it be Grants 
regiment, and they are now recruiting the old cores to the number of 



3O0 RECORDS OF THE COUNTY OF BANFF. 

ffyfty each company. We are to have three regiments from fflanders, 
and three more comes from Ir — nd. Wee have two regiments of foot, 
two of dragoons, and one of the regiments from Ir — nd is already 
landed. A regiment of horse from Ir — nd is also already landed in 
England. The Dutch have their six thousand men which they are 
obliedged by the Treaty of Guarantee ready, as also the transports for 
them. They have also marched down to the shoar the five Eng — sh 
battalions in their service, so that if the invasion goes on, all these will 
come immediatly. The F — ch Ref — ees at London offer likewayes to 
raise ten thousand men for K : G :, and they are in several places in 
E — nd preparing to make the Militia as useful as they can ; and in the 
southern and western countyes of Sco — d they are arming and 
mustering for K : iG : This is all is said on this side. On the other 
hand it is said that, if the P — er does come, he will bring great force 
from abroad, especially of the disbanded E — sh, Sc — ts and Irish that 
were in the K. of ff — ce his service ; that the D — ke of Or — nd is gone 
over who is very popular, and that ther is a very powerfull discontented 
party ; so what will be the event God only knowes. Only one thing is 
certain, that, if ther is an invasion, ther is like to be great bloodshed and 
a severe civil war. If I hade my affairs over and ther be no appearance 
of immediat trouble, I will come home very soon ; if not you shal be 
acquainted what resolution I take. 

I perceive that it is reported in the north that I came south upon 
the reports were then of an invasion. You may let every body that 
speaks to you of this know the contrary. I hade bussiness with E. of 
Kinnoul, and the setling of my sones signature and the doing of my 
private affairs here made my coming here necessary. Take all possible 
care of what concerns me, and it will be very proper that you be not 
out of the countrey that you may speak discreitly ; and likewayes take 
notice of whatever happens, and if I do receive damage I will be glade 
to know from whom. 

If ther be any inserrection or invasion be sure to run an express to 
Aberdein with the accounts of it, and write to the Postmaster to 
transmitt it to me with all diligence. 



MEASURES TAKEN AGAINST THREATENED JACOBITE RISING. 30I 

From the Earl of Findlater. 

Edenbrugh, Aug: lo 1715. 

I wrote to you a full letter qch will come to your hand by Bruice the 
footman, and therfor I neid to add very litle now, only the reports this 
day increasce again of the preparations for the invasion, particularly at 
Haver de grace; and Sir Geo: Bing is sailed with the fleet to cruise. 
But these preparations on this syde are chiefly in E — nd, and they 
resolve to keep their forces togeither till they see where the invasion 
happens. It is said the D — ke of Athole gives frequent assurances to 
K : G :, and the D — ke of Ar — le has also some officers mustering his 
men, and in this countrey circular letters and associations are going on 
for K : G : . ffor my own part I live peaceably, and it is my command 
that my people do so, excepting that ther ought to be some gaurd 
against loose H — ders. The servants ought all to ly in the house, 
particularly Ja : Lorimer, and they should have some arms in readiness, 
if it were to procure but a capitulation. Ja : Wilkie will be a fitt man 
to go in to my house in case of apparent danger, and the door to the 
garden and back gate from the closs should be barocaded with stones, 
and good houres keept for shutting up the gate every night. You may 
give my service to Sir Ja : Abercromby and Sir James Dunbar. If they 
take any rash course I expect their friendship, or else they neid think 
of none from me or my family. Auchintoul has frequently said that he 
would be very friendly. I know Coxston will. You know the friendship 
I hade from his ffather. Letterfury, Bogs and Tanachy will also be 
friendly, and if any of the flindochtys should stir they will do what 
they can ; and I really think all my nighbours will be civil, and the 
family of B — nde can never expect a six pence from me if they do my 
land any injury. 

Youll take care that the inclosed be sent to the Provost ^ of Bamfe. 

Arrest of Lord Deskford. 
Findlater's anticipations were correct. The Marquis of Huntly, 
Sir James Dunbar of Durn, Sir James Abercromby of Birkenbog, 
Major General Alexander Gordon of Auchintoul, Innes of Coxton, 
James Gordon of Letterfurie, Steuart of Tannachy, George Gordon of 
Buckie, John Gordon of Glenbucket, James Ogilvie yr of Boyne, 
George Gordon of Carnousie, Charles Hay of Rannas, Alexander Gordon 

' John Mark, Sheriff depute. 



302 Records of the county of Banff. 

of Glengerrock, John Gordon of Auchyndachy and many others were 
all " out." Soon the Earl of Findlater was to receive a stroke in the 
arrest of his son, Lord Deskford, on trivial grounds ; while his own 
interest with the Hanoverian government sank so low, that he was 
superseded in Banffshire by young Grant of Grant. 

To Mr. William Lorimer, Factor to the Earl of Findlater, at 
Cullen. By Aberdein by Bamfe. 

Edinbrugh, Aug: 24th 1715. 
William, 

I caused J : L : acquaint you that I hade thoughts of 
coming north, but now ther are accounts that the preparations for the 
invasion are going on, and it is thought that it will come on speedily. 
Yesterday when I was at dinner, and my sone with me. General 
Wightman came to my house and asked likevvayes to see my sone, 
having heard he was at dinner with me. He told that he was sorry 
to tell us that he had orders to make my sone Deskfoord prisoner, and 
secure him in the Castle. The order is signed by my Lord Townsend, 
the Secretary, upon suspition of disloyall practises. Accordingly my 
sone was carryed and committed prisoner to the Castle. He bears his 
misfortune with a great dale of patience. I think it proper that it be 
known, our nighbours will [know] what circumstances wee are in as 
well as themselves. I dare not offer to remove from this, least it should 
be my own fate, which has bein talked of for some days, but not to 
myself by any in authority. Take care to have some competent gaurd 
ready for my house ; and I think my own cattle should be driven of 
some way in case of an immediat danger, but not otherwayes. The E : 
of Mar is in the Highlands; I know not what part he may act. Do 
your best, and I must trust to God and Providence. The Laird of 
Grant is made Lord Livetennant of Bamfeshyre ; his commission is 
passing the sealls, which may be a further evidence to you in what 
condition I am in. 

On 19th August, Brigadier-General Alexander Grant of Grant 
received a commission as Lord Lieutenant of the Counties of Banff* 
and Inverness. On 25th August, he received instructions as to the 
appointment of Deputy Lieutenants, who were to be well affected 
towards the Government and Protestant, and also as to the calling out 

'"The Chiefs of Grant," Vol. I., p. 356. 



DECLARATION BY LORD DESKFORD. 303 

of such fencible men as were similarly well effected, and could be 
conveniently assembled. The Deputy Lieutenants appointed for 
Banffshire included Alexander Garden of Troup, elder and younger, 
Captain Alexander Abercromby of Glassaugh, M.P. for the county, 
and Thomas Grant of Achoynanie. 

Next letter and declaration, both in Lord Deskford's handwriting, 
give an account of the flimsy cause of his arrest. To deliver to his 
father-in-law. Lord Kinnoul, in February 1715, a letter in French from 
Kinnoul's sister in France on family affairs, was enough to lay him by 
the heels, so that the Hanoverian Elector, King George, not yet warm 
on his new throne, worked by his German adviser, Bothmer, might 
exercise the kingly prerogative of clemency, and by gratitude, after a 
course of fear, bind Findlater more effectively to his cause. 

To Wm. Lorimer, Chamberlan to the Earl of Findlater, at 
Dytach, near Banf. 

Edr. Castle, August 28th 1715. 
Sir, 

I believe you will be pretty much surpris'd to hear that I 
am prisoner here, but you need not be in any manner of concern, for I 
think I can safely assure that neither my father nor I nor the family 
can possibly suffer any thing by my being here, seeing I can defy the 
utmost malice in that matter. You may possibly make some advantage 
of it in your country and circumstances. It seems the proverb is true 

that Rogues may be among the Whigs My affectionate 

service to all our friends and neighbours. It is the tennents interest 
and mine both, that they they shou'd not be much in arrear at this 
time. My father is extraordinary kind to me on this occasion. 

In hast. Adieu. 

Edr. Castle, ist Sept. (1715), 

James L*^. Deskfoord you are desired to give an ingenuous and 
distinct answer to the following question. 

From whom was the letter deliver'd to the Earl of Kinoul, what 
were the contents of it, and how came it into your hands. 

I, James L : D : doe most sincerely declare that I never deliver'd any 
letter to L : K : save what was to the best of my memory entirelv 
about privat busines, and that these letters were from the E. of F. my 



304 RECORDS OF THE COUNTY OF BANFF. 

father, save one from a sister of the late Earl of Kinoul, who, as I 
believe, is now in France. This letter was sent to me, in the midle of 
January last, the morning that I came from London, while I was in a 
hurry preparing for my journey, by Mr. James Gray, Resident for the 
Scotch Episcopal Clergy. I deliver'd to L : K : on the 3d. of February 
at Dupplin. It being in Frence, he caus'd his son Coll : Hay read it 
and explain it to him. I heard it read, and the only intent and subject 
of it was concerning a claim that lady had on her brother, which this 
L'*. Kinoul said he was not at all oblig'd to pay. I doe most sincerely 
declare I doe not at all know, nor can I guess how this letter came from 
France, and that I had never been at the pains to consider whether it 
had come by the post or not till yesternight. I read all the letters I ever 
deliver'd from my father to E : K :, and they were solely about privat 
affairs. 

Liberation of Lord Deskford. 

a Londres ce 3"^^ Sept. 1715. 
My Lord, 

J'ay appris avec un extreme regret, par I'honneur de vostre 
lettre du 25™*^ du mois pass6, the malheur que Myl. Deskford, vostre 
his, a eu d'estre arrets ; j'ay este en meme tems penestr6 de 
reconnaissance de la confiance dont vous m'avez honore en cette 
occasion, pour y repondre selon mon devoirs. Je me suis appliqu6 avec 
plaisir pour appuier vos desirs touchant la delivrance de M"" vostre fils, 
et je suis ravis que les ordres ont este donn6 pour cela. Le Roy a une 
entiere confiance en vostre zele pour son service, et ne doute pas que 
Mr. vostre fils en ay les memes sentiments pour luy. II m'a fait 
I'honneur de m'ecrire par le meme post ; le tems ne me permet pas de 
luy repondre dont je vous prie de luy faire mes excuses, et d'estre 
persuade tons deux, qu'on ne [pent] estre avec un attachement plus 
parfait que je suis. 

My Lord, 

Vostre tres humble et tres obeissant servitr, 

Bothmer. 



LIBERATION OF LORD DESKFORD. 3O5 

For Mr. William Lorimer, Chamberlane to the Right Hont-ie 
the Earle of ffindlater at Cullen, Banffshyre. 

Ed"- Sepf 3d 1715. 
D. C.I 

I have not troubled you this good while by past, knowing 
that John Lorimer writes you the occurrances here from time to time, 
which have been very surprysing, but I hope now all our fears are over. 
The ffrench Kings death will make a great alteration, for the Regent of 
ffrance is entirely in K. George interest. I hope in few dayes my Lord 
Deskford will be sett at liberty. Wee hear the E. of Marr is at 
Braemarr, and it's very confidently said that he is conveening the 
Highlanders to disturbance ; but I hope his projects will be 

disappointed, and I cannot beleeve he will be so foolish. 

Written on the same paper the letter, four days later, continues : — 

Sepf^ 7th 1715. 

My Lord Deskford is now sett at liberty upon bail for his good 
behaviour and appearance when called. My Lord fforgline and I are 
his bail upon a penalty of 500 lit) ster. Wee need not bee under great 
apprehensions of forfeiting it. 

I beleeve Deskford will scarcely come north this winter. My reason 
for thinking so is that just now he appears very ffond of takeing a 
countrey house, and if he be once engaged in some convenient place 
it's not improbable but he may stay here all the winter. My Lord 
ffindlater thinks of takeing journey to Cullen next week, if no inter- 
veening news hinder him ; but till you get certain advyce needs not be 
preparing any thing for him. I wish you a good harvest, for here wee 
have it very seasonable at present, and the people, are very bussy 
takeing in there corns. There has not been a better cropt here these 
many years past. If you gett so much spare time before my Lord 
comes north, it's yo"" interest to have yo"^ two years acco'^ ready, and 
make a list of the outstanding arrears. I offer my humble duty to 
my mother and all friends. 

I am, D. C, 

Vol's Jo. P 2 

' Dear Cousin. 
^ John Philp, formerly Findlater's private secretary, and now Deputy Auditor of Exchequer. 

O 2 



306 RECORDS OF THE COUNTY OF BANFF. 

From William Lorimer, Cullen. 
For the Right Honourable My Lord Deskfoord at Edgr. 
My Lord, 

Your Lops imprisonment was ground of admiration and 
surprise to all in this countrey. Your friends and servants have no fear 
of the consequences, knowing your inocencie ; but some people take it 
in another sense, and say you have been well moyened to gett in y^. 
I fear it will not have the effect you write off in this countrey in case 
the occasion happen. God preserv and support you under this 
missfortune. All things here are in the former manner. Wee enjoye 
peace but fear warn Wee have a good harvest and a most plentifull 
crop. Business is dull, and money is scarce. Sickness continues, and 
many people are dead since you left the countrey. ... I have writt 
more fully to a friend about business here. God bless you with health. 
Hope well. There will be no fear. 
Sepr 5/1715- 

From Lord Deskford. 
To Mr. William Lorimer, Chamberlan to the Earl of Findlater 

at Cullen, Abd. 

Ed"" Sept"" 7th 1715. 
Sir, 

On Thursday last I was let out of the Castle on bail, h^ 
Forglen and J. P. were my cautioners. The summ was 500 pounds 
sterling. Mr. Lockart was let out the same day. His summ was only 
6000 merks Scotch. It appears they had nothing to say against 
me save a very innocent letter which I happen'd to carry. This I tell 
for your satisfaction. Let your country people think what they pleas. 

People generally believe ther will be no trouble this year, tho some 
appear still of another mind, as I imagine on litle ground, save that 
the present publick proceedings may perhaps render some desperate. 
I hope by this time all my infeftments are over, and the seasins 
registrate. I heartily wish that none of our neighbours or friends may 
doe any foolish or rash things, for I believe the W. are pretty severe in 
their inclinations. I am uncertain when I shal be north on many 
accounts. I have some thoughts of staying at least a month or two at 
a litle house at Inverask. Let me hear what is done in my busines, 



LIBERATION OF LORD DESKFORD. 307 

and the news of the country, when you find a good occasion to send 
'em. My brother is well at Dalkeith. My sister recovers excellently 
since she was brought to bed of a daughter. Let G. M. send what 
money rent he has got. I long to be with you in peace and 
tranquillity. Adieu. 

Letter from J. Stanhope, Secretary of State. 

Whitehall Sepf 8th 1715. 
My Lord, 

I am honoured with your Lops, of the first inst, and with 
one from your son, my Lord Deskford, of the same date, which I shall 
take the first opportunity to lay before his Ma% that so he may be fully 
acquainted with the sense you both have of the favour he has ordered 
to be showen to my Lord Deskford; and I am confident his Ma^y is 
already entirely satisfied of his Lops, innocency, whose character is 
such as will easily engage all here to a belief of the sincerity of the 
declaration which he has made, and which my Lord Justice Clerk has 
transmitted. As I think it needles to trouble my Lord Deskford, 
having nothing to write but what is in this, I shall beg the favour of 
your Lop. to make my complements to him, and to beleive that I shall 
verry gladly embrace any occasion of doing either your Lop. or him 
justice or service, as I am with great truth, 

My Lord, 
y LPPs most humble and most obedient servant, 
E. ffindlater. James Stanhope. 

For William Lorimer. 

Ed^ Septr gth 1715. 
Sir, 

My imprisonment was indeed extremly surprizing, and I was 

hke to have kept health very ill if I had staid long in the Castle, so that 
my liberation came very seasonably. I was severall times examin'd 
before I was set at liberty. J. L. can tell you on what subject, and 
what my answers were. I am very sure they had nothing to say 
against me; and my confinement, as I imagine, was occasion'd by some 
malice at L. K.^ and my father. I am on bail for good behaviour, and to 
appear if call'd before the L'^^ of Justiciary. 

' Lord Kinnoul. 



308 RECORDS OF THE COUNTY OF BANFF. 

It was generally thought that the K. of France's death had put an 
end to all thoughts of an invasion, but now it appears both partys are 
of another mind. I pray God Allmighty preserv our country, for civil 
war and confusion are very terrible ; and I was allways one that lov'd 
and wish'd for peace, the greatest blessing any country can have. I 
wish all our people may keep as inoffensive as the safety of the country 
can allow, and give as litle offence to your neighbours as possible, tho 
none can take it amiss that you doe what is in your power for the 
defence of your houses and goods. My father has writen so fully on 
this subject that it is needless for me to enlarge, only that I put all my 
people under your authority as much as he does his, trusting that you 
will take the most prudent methods that are possible in obedience to 
his commands. I wish all our neighbours as well as dependers may 
preserve themselves from rash courses, for the present Ministry is like 
to be extraordinary severe on the opposers of the Government. . . . 
Your affectionate and assured friend, 

Deskford. 
Rendezvous of the Men of the Forest of Boyne. 

The clans were gathering at Gordon Castle. On nth September 
the Town Council of Cullen paid 12s. Sc. to an express in the night 
time to Fochabers to know if the Clan Chattan were there. On 
14th September 8s. Sc. were given to another express to Fochabers to 
learn when the Earl of Huntly was to march. 

That stormy petrel of early Jacobite risings, James Ogilvie of Boyne, 
was to the fore ordering a rendezvous of the men of the Forest of 
Boyne, a property holden by the Earl of Findlater of the Marquis 
of Huntly as superior. 

For William Lorimer, Chamberland to the Earle of Findlator. 

Sir, 

I wrote to you this day, but mist you, so I leave this to let you 
knou that I have orders from the Marquise of Huntly to randevouse 
all the men of the Forrest of Boyn, and chuse shuch as are fitt to goe 
to serve the King. Therfore I desire you may intimat tomorrow to all 
the men, gentlemen and others, that belonge to the Earle of Findlator 
in the forrest lands, to attend me at Neu Milnes of Boyn on Munday 
next by twelve acloak with ther best cloaths and arms and horses, there 
to be randevoused by me conform to order, where I expect you will be 
present, that I may doe by yr advice what is most convenient for the 
Earle of Findlators intrest, so far as consists with my orders. This I 



CONDITION OF BANFFSHIRE IN SEPTEMBER, 1715. 309 

expect you will be punctuall in, or the people most be at their perrol, as 
my order leads me. I am Your humble servant, 

Boyn Sep. 24 1715. James Ogilvie. 

Condition of the County in September, 1715. 

On 26th September the Town Council of Banff tind that the country 
seems to be in ane loose condition, and that desolute and stragling 
people may be running through the countrie and may at unavarse 
assault the town, and do prejudice to the burgh and inhabitants thereof 
in the night time, therefore do ordain and appoint ane nightly guard 
to consist of twenty fencible men sufficiently accutered with ane gun 
and amunition conforme, and ane sword, to defend the Burgh per vices 
once in the week, and appoints Captains James Wood and seven others 
to whom is allowed 20 men besyde the captaine to keep strick order and 
true guarding, as they will be answerable. But it is not in these minutes 
or those of the County that the fullest account of the state of the 
country is found; for these minutes were drawn with brevity and caution. 

The strength of the Hanoverian position was very much in the 
Presbyterian ministers of the county. Since 1689 most of the old 
Episcopalian clergymen had been deprived or had died out, and had 
been largely replaced by Whig Covenanters from the south, who held 
strongly to the doctrine of a Protestant succession to the Crown. 
In the Kirk Session and Presbytery records may be found more 
picturesque and biassed detail of the Jacobite initial success and final 
failure. At the same time the County and Burgh records could not 
remain silent, when written requisitions for men and money, backed by 
force, were made by the triumphing Jacobites. At Keith, where the 
church collection on 25th September was only 7s. Sc, Mr. John Skinner, 
the Whig minister, with unctuous Hanoverian bias recounts : At 
this time the country was in great disorder by a most unnatural 
rebellion, begun by the Earl of Mar, and carried one by him and 
the rest of the Popish and Jacobit noblemen and gentlemen, in 
order as they thought to dethron King George, and set the Pretender, 
whom they call K. James, upon the British throne. October 2nd. 
Collection only 6s. 8d. At this time the country was all in a 
consternation. No safety was to goe out or in ; for this day the Earl of 
Huntly began his march to the rebells army with his cavalcade of horse. 
The foot being to march to Merins. This day, immediately after 
sermon, the writer, Mr. John Skinner, was seized by a party of Auchy- 
nachie's men, as was pretended by the Earl of Huntly's order, and very 
harshly dealt with, and the school much broke. 



310 RECORDS OF THE COUNTY OF BANFF. 

On 1 2th November, the day before the Shirramuir, when we ran 
and they ran and a' ran awa', the Magistratis and Counsell of Banff 
haveing taken to their serious consideration that the country is in 
disorder, and albeit the town has setled posts weikHe to and from 
Aberdeen, yet they judge it proper and convenient there be an weekly 
post setled and appointed to go and returne betwixt Banff and Elgin 
weekly, to enter to goe Munday next the 14th instant, appoints a post 
for that effect, and appoints ane letter to be written to John Adam, 
postmaster at Elgen, to send ane account of the country occurrences 
and current news of any matters that occurres, and another letter to 
Lachlan Mcintosh, merchant in Elgin, for that samen effect, for which 
they are to have suitable encouragement, and ordains the clerk to writt 
the said two letters which the Magistrats are to subscryve. Under 
date 13th November, though the entry was made later, Mr. John 
Skinner, Keith, gives the following account of the fight at Sheriffmuir, 
in which he overstates the odds against King George : This day the 
rebells having marched from Perth where they had lyen about six 
weeks were mett by the Duke of Argyle with only 3000 men, whereas 
the rebells were 15000 strong, upon Sheriffmuir near Dumblain, 
when about two o'clock afternoon they had a hot engagement and 
severalls killed on both sides, as we were soon after informed by the 
numerous runaways. 

Militia of Banffshire called out by Jacobites. 

Meantime the Jacobites had been consolidating their hold on the 
north, including the County of Banff, in which, from September 1715 
to F'ebruary 1716, they held exclusive sway. The following proclamation 
and subsequent minutes of the Town Council of Banff and of the 
Commissioners of Supply of the County show that the Militia of the 
shire was called out, and that the land tax was levied and collected by 
the Jacobites, a double tax being imposed on those who would not serve. 

Letter from John Earle of Mar, etc., Comander in cheife of his 
Maties forces in Scotland. 

Our Soveragne Lord James the eight haveing bein pleased to intrust 
me with the directione of his affaires and the comand of his forces in 
Scotland, and it being absolutely necessar to raise money for their 
support and maintenance : These are therefore in his Maties name 
requyreing and comanding that all men betwixt sixtie and sixtein of age 
within the shyrc of Banff doe furthwith repaire to the camp at Pearth, 
or where the armie shall be for the tym, with their best cloathes horses 



MILITIi^ CALLED OUT, AND CESS LEVIED. 3II 

and airmes and fourtie dayes provisione or loan at six shillings Scots 
a day, or utherwayes that every heretor fewer or wodsetter now 
attending the Kings standart, and such heretors as are or may be 
excused or their factors or doers in their absence and lykewayes all 
liferenters doe imediatlie proportione and raise money among the 
tennents and possessors of their respective estates and lyfrent lands sex 
monthes cess, and that such heretors who doe not presentlie nor shall 
not betuixt and the fyfteinth day of November nixt attend the Kinges 
standart, if not excused by me, shall imediatly proportione and raise 
among the tennents and possessors of their respective estates tuelve 
monethes cess, the which several proportiones according to the 
respective caices forsd is directed to be payed by every heretor fewer 
wodsetter and lyfrenter to George Gordon of Carnowsie collector 
appoynted for that end at the Burgh of Banff, on or before the 
fyfteinth day of Nov*", with certificatione that parties will be sent out to 
quarter upon deficients. 

Measures of relief detailed, and directions for publication at the 
cross of Banff, and in the respective parish kirks within the shire given. 

Given at the camp at Pearthe the twantie seavinth day of October 
one thousand seavin hundreth and fyftein yeires. Sic subscribitur, 

Mar. 

The above intimation was duly made throughout the county on 
Sunday 13th November 1715, the day of Sheriffmuir; and all concerned 
were warned to pay in their cess " for sex and tualve monethes at the 
rate of nyne poundes and nyntein shillinges Scots money upon each 
hundreth pound valued rent to Jon Donaldsone, writter in Turreff," 
factor for the Collector, Gordon of Carnousie, the Jacobite son of an 
Orange father. After the Shirramuir, Argyle retired to Stirling and 
Mar to Perth, and stalemate continued for some time, but with Argyle's 
army increasing and Mar's diminishing. 

On 17th December, the Magistrates and Council of Banff having 
considered an order by the Earl of Mar ordering them to levy from the 
Burgh six months cess, amounting to ;^I2 stg., though Braco offered to 
advance the money, meantime borrow from the Kirk Treasurer ; and 
order George Stewart, Collector, to repair with it to Fochabers, and 
pay it to Col. John Gordon of Glenbucket, as having warrant from the 
Earl of Mar. But the game was up, and Jacobite incompetence in the 
supreme direction of affairs had its inevitable result. 

The Keith Kirk Session records of December 18 and later continue 



312 RECORDS OF THE COUNTY OF BANFF. 

the Banffshire story of Jacobite dissolution and defeat : — This day the 
Earl of Huntly immediately after sermon passed through Keith on his 
return ver}' disheartened like. Upon Thursday being the 22nd this week, 
about sixty or more of the Strathdone rebells, headed by Black Joke 
alias John Forbes, and Sclater Forbes came and lay in town about a 
week, where they committed unheard of insolencies, robbed the school 
chamber and carried off many things, as did afterwards about the 
beginning of the year Glenbuckets men, who were also monsters of 
wickedness. From the said i8th of December 171 5 to the 12th of 
February 1716 there was no peace to goe out or in, by reason of 
intestine troubles and the marches and counter marches of the rebells; 
and likewise Jacobites in the parish with the said thievish garrison put 
in the scandalous trumpeter of rebellion Mr. James Sibbald^ into 
the church. . . . Thus the year ended and the next began with 
abundance of trouble, robberie, and oppression. 

The ostensible reason of Huntly's return north was the capture 
of Inverness from the Jacobites by Lord Lovat, Culloden, and Captain 
George Grant of Grant. Huntly and Seaforth maintained that it was 
their duty to cover their own country, though it is probable that they 
were convinced that under Mar the rising had no chance of success. 
Meantime one ray of hope shone out in the Jacobite horizon. The 
Old Chevalier landed at Peterhead on 22nd December 1715. He 
proceeded south to Perth, and was crowned at Scone on 23rd January 
1716. On Argyle's advance on Perth, the solitary ray of hope was 
extinguished, for the Jacobites retreated northward on 30th January. 
At Montrose the Chevalier, Mar and others embarked for France on 
4th February, and Major General Alexander Gordon of Auchintoul was 
left in command of a retreating, dispirited and deserted army. 
Jacobite Rendezvous at Gallowhill of Banff. 

One late flicker of the rising in Banffshire- was the ineffectual call by 
young Boyne on the inhabitants of Banff, to rendezvous at the 
Gallowhill of Banff on Thursday, 9th February 1716. That day the 
Jacobites in full retreat from Aberdeen reached Keith from Strathbogie. 
Thence the clans retreated by Mortlach, Glenrinnes, Glenlivet and 
Strathdoun to Badenoch,^ where they refreshed themselves three or 
four days and dispersed. 

All noblemen barrons heretors fewers wadsetters tennants burgeses 
and all others the fencible men within the said town and parish of 
Bamff to meet and conveen att the Gallowhill of Bamff upon Thursday 

' Episcopalian clergyman. 

'••The Chiefs of Grant," Vol. II., p. 103. 



ORDER TO GARRISON THE HOUSE OF BOYNE. 313 

next the ninth day of February current, bringing with them their best 
horses, arms, and accuttraments against the hour of eleaven acloack the 
sd day, and that all noblemen barrons heretors fewers and wadsetters 
doe make up effectuall lists of all their tennants and fencible men 
within the said toun and parish of Bamff to be given to us the sd day 
before the rendewozes, to the effect punctuall obedience may be given to 
his Majesties commands in the terms of and conforme to our said 
commission, they shall be proceeded against with the utmost severity. 
Given at Whythills the fourth day of February 1716, and of his 
Majesties reign the fifteenth year. James Ogilvie. 

James Gordon. 

The Keith chronicler, after stating that on 12th February the kirk 
collection was only 7s. Sc, ends : — Upon Thursday night the gth 
this week the rebell army consisting of about 4000 quartered in this 
parish, and did a world of mischief by robbing, plundering, etc. They 
were flying from the brave Duke of Argile and King George's army. 
Feby 19 Collection 20s. At this time the King's forces having 
come up, our Jacobit party became calm, and our meeting house was 
given up, Mr. Sibbald being loathed. 

Argyle reached Aberdeen on 7th February, but personally did not 
advance further into the Highlands. On nth February Gordon 
Castle was occupied by Lieut. -Colonel William Grant of Ballindalloch. 
Colonel Grant had previously taken over Balvenie Castle from Duff of 
Bracco,^ and garrisoned it against the rebels. Meantime Brigadier 
General Grant was, on 14th February, directed by Argyle at 
Aberdeen to proceed north to search for rebels, and to disarm all 
disaffected who had been in the rebellion. He accordingly garrisoned 
Brahan Castle in Ross, and Erchless Castle and Borlum in Inverness- 
shire ; and the following order for the occupation of Boyne Castle shows 
that he was also active in Banffshire. On 6th March he was at 
Strathbogie, and received the surrender of Glenbucket. On i6th 
March he was in Banff, and received the surrender of Sir James 
Abercromby of Birkenbog, George Gordon of Buckie, and others.^ 

By the Honorable Alexander Grant of Grant Briggadeer Generall 
of his Majesties forces and Lord Leivetennant of the cowntey 
of Banff. 3 

' "The Book of the Duffs," Vol. I., p. 79. 

" "The Chiefs of Grant," Vol. I., p. 362. See also p. 322. 

3 "The Chiefs of Grant," Vol. III., p. 251. 

P 2 



314 RECORDS OF THE COUNTY OF BANFF. 

These are ordering and reqwairing yow furthwith to raise to the 
number of tuantie fyve weall armed men owt of the millitia of the shyre 
of Banff, in the parishes of Banff, Boyndy, Collen, Fordyse and Desford, 
and garison the howse of the Boyne, and there to secure all armes, 
horses and warlick amunition for his Majesties use, and to tack care 
that noe person nor persons enter the said hows except those that 
belong to the said garisone till my further orders, or orders from the 
commander in cheiff in Scoteland: as also yow are to order the 
neigbouring countrey to furnish the said garison with fyreing and 
bedding, and that the said garisone doe noe manner of harm to the said 
hows or aney thing belonging thereto. Given at Aberdeen this fiveteen 
of February 1716 by me, and sealled. A. Grant. 

To the Deputy Leivetennants of the shyre of Banff, being Alexander 

Gardne of Troup elder and younger, and Alexander Aber- 

cromby of Glasoch. 

Requisitions by the Highlanders and Hanoverians. 
By this time the Earl of Findlater, stiH in Edinburgh, had no doubt 
of the issue of events. The exaction of cess by the Highlanders, and 
the requisitions in kind made by them, and by the Hanoverian forces 
now in occupation, continued to exercise his mind and the thoughts of 
the Commissioners of Supply. 

To William Lorimer, Chamberlain to the Earl of Findlater at 

Cullen. 
William Lorimer, Ed"" ffeb'^y 8th 1716.. 

I am extreamly troubled w^ the acco"^ I have allready had of 
my lands being disstressed for the high cess and other circumstances of 
which I have had information, but my greatest anxiety is to know how 
the Highlanders have left me, and what comes off me by the march of 
both armys through my countrey; and th^for I have sent John 
Lorimer, and by him I have writt to D. Argyle, Gen" Cadogan, 
Brigadeer Grant and Glassaugh for there protection in the passage of 
K. George his army. If they come you must wait on the commissaries 
or those that come before them, and know what necessaries they want ; 
and let them be supplyed proportionally out of the adjacent heretors 
lands w* horses, fforrage or provisions. Those who are in rebellion there 
lands at least ought to bear ane equall proportion, and take the 
authority of the Sheriff depute for doeing this. And let the army want 



KING George's forces in banffshire. 315 

for nothing towards there accomodation that's in yo"^ power, for I doubt 
not of there paying to my tennants as they doe to others. Take the 
assistance of all the gentry that's out of the rebellion to this. I 
suppose before you receave this that all the Highlanders will be 
disperst, and that therfor what things I have" in a friends house ought 
imediately to be carryed to Co^^ Buchans, who will be very carefuU of 
what concerns me. If the Highlanders be intirely disperst, I see no 
danger of bringing it to my own house. You may invite the prin^^ 
officers that command K. George army to dine or ly at my house in 
there passing, and let them use there own cooks in dressing there meat, 
and use there own plate, because I have none at home ; but for any thing 
els you can accomodate them. Acquaint me how all things passes even 
before you return Jo. Lorimer out of the countrey ; and you and all my 
tennents keep particular acco"^ of yC losses, for I hope to come at 
reparation some time or other. Because of straglers you should keep a 
guaird about Cullen, and the people of Keith and Deskford should doe 
the lyke. L^ Grant and Glassaugh will be assisting to you. John will 
impart to you what further I think needfull in my own private affairs. 
I hope in God to be at home in a short time, and these that have taken 
the same method w^ me shall be sure of my friendship. I am 

Yo"" assured ffriend, 

FFINDLATER. 

To the Earl of Findlater, Edinburgh. 
Right Honourable, 
My Lord, 

Since my last to your Lop. Generall Wightman, Brigadeer 
Grants regiment and a regiment of Swissers passed by here. They 
have done no harm to your interest, save taking of free quarters. The 
Generall was very discreet, and left a guard at your house besyds his 
protection. He and the officers of Grants regiment lodged all at your 
house, and y"^ horses were in your stables. Wee expect some dragoons 
and more foott this night or tomorrow. Wee hear the clans and some 
others are yet in a body together in the Highlands, and there are 
spies daylie in this countrey, some wherof are allready taken up. I am 
still of the mind that your Lop. should stay a while where you are, till 
we have a full peace, which I hope will be in a short time. I have sent 



3l6 RECORDS OF THE COUNTY OF BANFF. 

for cocquetts for the two ships, one for 500 bolls meall, the other for 
300 bolls bear. I hope they will saill this week, but the weather is very 

stormy. I am, 

My Lord, 
Your Lops, most humble and most obliged serS 

Wm. Lorimer. 
Feb. 26/1716. 

For Wm. Lorimer Chamberlane to the Earle of ffindlater at 

Cullen. 

Edinburgh ffeb'^ 28 171 6. 
Wm. Lorimer, 

I wrote by the post in answire to yo''^, and acquainted you 
that I resolved, God willing, to be at home upon Saturnday 7 night, at 
farthest Monday thereafter ; therfor let what is necessary be provyded. 
I long to see the desolate circumstances of my countrey, and I have 
great compassion for my unhappy neighbours. I did not expect to have 
mett with the bad useage I have rec^ from some of them, but I hope in 

God to recover this loss Establish a correspondence w^ Co^'. 

W". Grant and some in the garrison of Balveny,^ that wee may know 
what the Highlanders are doeing. Being so soon to be at home, I'le 
write no more, only have sent the garden seeds by the bearer. 

I am 

Yor assured ffriend, 

ffindlater. 

At Banff the sevinth off March ane thousand sevin hundreth sextein 
yeare : Sederunt off Comissioners of Suplie off Banffshyre : — 
Alexr Gardin off Troup elder, Alexr Abercrombie off Glashaugh, 
Alexr Gardin younger off Troup, Peter Gordon off Ardmealie, 
Thomas Donaldsone off Kinnardie, John Joass off Coleonard, 
Alexr Abercrombie of Skeith, Robert Stewart Provest of Banff, 
William Loriemer in Dytach, Alex. Russell off Montcoffer. 
The saids Commissioners mett as said is, off unanimus consent 

nemine contradicente did elect nominat and choise Alexander Gardin 

off Troup to be preses of the present meiteing. 

» See p. 313, also " The Book of the Duffs," Vol. I., p. 79, and " The Chiefs of Grant," 
Vol. I., p. 360. 



PROVISION OF FORAGE FOR THE KING's FORCES. 317 

The said day the Commissioners taikeing to there consideraon the 
ffrequent traveUing off his Majestyes fforces horse and foot to and ffrom this 
place, and that there are absolute necessity ffor provyding them in corne 
and straw ffor there fforradge, and there being noe new nominatione off 
Justices off Pace or Commissioners off Suplie as yet come to the 
shyre, the Commissioners of Supplie here present doe recomend to the 
Magistrats off Banff to keep exact account of what corne and straw 
hes bein peyt in to the Magazine Master at Banff, and how disposed off, 
and to whom ; as also the Magazine Master to grant recepts to ye 
seall persones that have allradie peyt in corne and straw, and to such as 
shall pey in herafter of ye seall and particular quantityes he hes or 
shall receiv; and in caise there shall be occatione ffor anymore corne and 
straw besydes what is allradie in the Magazine Masters hands, recomends 
to the Magistrats off Banff to call in ffor what shall be neidffull off 
corne and straw, ffrom the nixt adjacent paroches within the district off 
Bamff, at the raite of halfe ane boll corne and sextein stone sufficient 
straw upon each hundreth punds off valued rent, untill there's ane more 
full meiteing off the Commissioners to regulate the samen ; and 
recomends to Alexr. Abercrombie off Glashaugh, Comissioner ffor the 
shyre to this present Parliament ffor Banffshyre, to hasten downe the 
nominatione off the Justices off the Pace and the act anent the land 
taxt nameing the Comissioners off Suplie ; and lykwayes recomends to 
Alexr Gairdine elder and younger of Troup and Alexr Abercrombie off 
Glashaugh to prepair and draw up ane congratularie adress to his 
Majestye King George suitable to the present hapie juncture and 
postur off affaires, to be signed by the noblemen barrons gentellmen 
heriters and ffreeholders off the shyre with all possible expeditione. 
The said day Alexr. Garden younger of Troup, Peter Gordon off 
Ardmeallie, Alexr. Abercrombie off Skeith and Robert Stewart Provest 
off Banff did in fface off the meiteing taik swear and subscrive the 
oaths of alleadgeance and assurance to his Majesty King Georg. 

Alexr. Gairdne. 

The Michaelmas Cess of 1715, and March Cess of 1716. 

At Banff the sixteinth day of March Jayvyi& and sixtein years. 
Sederunt as Commissioners of Supplie of Banffshyre — Collonell 
William Grant of Bellandallach, Alexander Gairden younger of 



3l8 RECORDS OF THE COUNTY OF BANFF. 

Troup, John Joass of Collynard, Peter Gordon of Airdmellie, 
Captain Alexr. Abercrombie of Glassach, Alexander Aber- 
crombie of Skeith, Thomas Donaldson of Kinardie and Thomas 
Grant of Auchynanie, who choose Collonell Grant preses. 
The whilk day the Comissioners having mett is to considder of ane 
letter sent by the Gen^' Reciever directed to them of date 24th ffebruary 
last past anent the Michallmas cess resting, as also for the cess payable 
the 25th March instant. The sds Comissioners, being informed by ane 
letter under their Clerks hand of his indisposition, they excuse him, and 
have appointed Thomas ffordyce notar publict to sitt as their Clerk for 
this meeting; and they approve of the intimations issued out for the 
cess dated the fourteinth current, conform to the sederunt of the 
twentie eighth of July last, and orders the Collector to remitt the cess 
as fast as it comes to his hand; and in the meantime recomends to 
Alexander Garden younger of Troup to write in name of the meeting 
to Edr. to Douglas of Cavers to acquaint him of the orders given in 
complyance to his, and that nothing shall be wanting in the power of 
the Commissioners for making the samen immediatlie effectuall, and at 
the same time beg his favour in delaying quartering, because the circum- 
stances of the countrey and skarisetie of mony occasioned by the 
heavie taxes unwarrantablie and illegally raised, and other acts of 
oppression, as weell as want of all sort of trade. 

The Commissioners taking to their consideration the frequent 
occasions there is for corn and straw to supply his Mties iforces, that 
have occasion to pass thorrow or ly at Cullen, they therefore recomend 
it to the Magistrates of Cullen to call in for, as occasion requires, at the 
rate of one ffirlott of oatts and eight stone of straw off each hundred 
pound of valued rent, out of the parochines of Cullen, Rathven, 
Deskfoord, ffordyce and Ordiqwhill, and to grant recepts therefore, and 
hold count how the samen is disposed of. Will. Grant. 

The Lord Deskford. 
My Lord, 

I had the honour of your Lops, of the 26th Febry, and was 
very glade to know of your own and Ladyes well being, the continuance 
wherof I wish from my heart. The circumstances of some gentlemen 
in our countrey are very melancholious ; but, blessed be God, the 
condition of the countrey is not so bad as was represented at first. The 



SUSPENSION OF PROVOST MARK AS SHERIFF DEPUTE. 319 

army sent to Inverness has now past us by parties, and wee have had 
no loss but free quartering, which wee count not oif. Wee payed tuelve 
monethes cess of late, which must be payed again to the Government. 
The tenents payed the one half of this great cess, and they must have 
relieff ; but I hope this and other losses will be repaired by those who 
got the money. Your father is expected here tomorrow, and what he 
does in this affair your Lop. must doe the lyke. I hear the Government 
is to putt a garrison in the House of Boynd, which I wish may be done 
speedily, least the Lady should return and take possession ; and I am 
perswaded your father will comply with your desire anent the settling 
your family there. . . . And I am. 

My Lord, 
Your Lops, most humble and most obliged servant, 

Wm. Lorimer. 
Mar. 12/1716. 



My Lord,i 



The Earl of Findlater, Cullen. 

Edinburgh, Apryle gth 1716. 



The Justice Clerk has some information agst Jno. Mark. 
Whether it be what yo"^ Lop. wrote about him in yo"" last letter but one 
I know not. I think yo*" Lop. has done right (upon the suspicion you 
had of his behaviour) to suspend him from the Sherriffship, which shews 
yo'' displeasure sufficiently; and if the 300 M^phersons were in the 
countrey at the time it may go farr to excuse him, considering his 
constant zealous behaviour for K. George service both before and since 
that time. Of this yo^ Lop. needs take no notice to any person. 

Wee doe expect when the Parl^ meetts there will be something done 
towards mercy. There are serall of the Court disposed towards it, 
and the King as much as any. 

Wee had no news last post and can expect litle till the Pari* sitt 
down 

Appointment of Patrick Duff as Clerk of Supply. 

The confusion of the rising was evidently too much for Thomas 
Duff, Clerk of Supply. In May 1716, he dropped out of office, and 

' Unsigned, and in John Philp's handwriting. 



320 RECORDS OF THE COUNTY OF BANFF. 

was succeeded by his relative, Patrick Duff of Premnay, later of 
Culter, fourth son of Patrick of Craigston, youngest son of Alexander 
of Keithmore.2 Thomas Duff died in 1717.^ 

Sederunt of the Commissioners of Supply of the Shyre of Banff: 
Holden at Banff the fifteenth day of May 17 16 years by My 
Lord Deskfoord, Lord fforglan, Auchquainanie, Troup, Eden- 
geith, Kinairdy, Collenwart and Montblairie yor., who unani- 
mously elected My Lord Deskfoord preses of the said meeting. 

The Commissioners called by the Sheriff depute to impose eight 
months cess for the service of 1716 being all qualified conform to law 
elect Patrick Duff, writer in Aberdeen, Clerk. 

Mr. Andrew Hay younger of Mountblerie ColK appointed for 
collecting the four months supply, payle out of the shyre of Banff for 
the service of the year Iajvij<= and fifteen, presented to the meeting a letter 
directed to him subscrivd by John Philip, one of the Auditors of the 
Revenue, dated at Edinburgh the second of this instant moneth of May, 
whereby he writes to the said Mr. Andrew Hay that he had paid up the 
cess due for the shyre of Banff in March Jajvij*^ and fifteen, and that he 
had further paid to account of the following September cess twenty 
one pound eleven shillings and four pence sterling, and that when John 
Innes bill came in it should be further applyd thereto, which bill was 
for three hundred fourty nine pound nine shilling four pennies Scots 
mony, which letter was by the Commissioners appointed to be returned 
to the said Mr. Andrew Hay. The saids Commissioners considering 
that by the late rebellion and troubles in this country the supply due 
out of this shyre, which was payle in September last, could not be got 
so punctually levyd as it otherwise should been, they appointed the said 
Mr. Andrew Hay to collect and levy the same now with all dilligence, 
and to use such legal execution as should be requisite for recovery 
thereof from the deficients, and to pay in the same to the general 
receiver at Edinburgh how soon possible, and appointed three of 
their number viz. Troop, Collindwart and Kinairdy or any oyr of their 
number, that should attend, to meet with the said Mr. Andrew Hay at 
any time they should appoint betwixt and the tenth day of August 
nixt to come, and to examine his acco^^ and receive up the general 

» "The Book of the Duffs," p. 432. 

'Ibidem, pp. 295-6, etc.; and Henderson's " Society of Advocates in Aberdeen," p. 156. 



BANFFSHIRE JACOBITES UNDER ARREST IN 1716. 32I 

receivers discharges for the cesses paid to him preceeding the first day 
of Aprile last bypast. Mr. Hay is appointed Collector for current 
eight months cess for the service of 1716. And, in consideration of his 
losses he sustained by the late rebellion, and that the late Coll'' had 
allowed him seven hundred merks of sallary for collecting the eight 
months cess, they allowed the said Mr. Andrew Hay seven hundred 
merks of sallary for collecting the said eight months supply, and continue 
the sallary paid to former clerks to their clerk viz. three hundred 
merks Scots, and continue the shyres post for a year at 2s. ster. weekly. 

The saids Commissioners considering the losses the country people 
might have sustained by the Kings forces in their marches through this 
shyre, they appoint their Clerk to make intimationes at every parioch 
church w^in this shyre to those that find themselves losers by the 
marches of the forces to attend the Commissioners of Supply at Banff 
upon the second Tuesday of August next, there to make affidavit by 
whom and what were the quantitys and value of their rexive losses, 
that the same may be redressed as is provided by law. 

Cess and salaries stented at £^ 3/s Scots on every £100 valued rent, 
and dates of payment fixed &c. Deskfoord. 

On 14th August 1716, none of the country people appearing to 
depone upon their losses except James Stuart in Achbeggs, John Stuart 
in Auchinreath,^ and Alex''. Paterson in Thornybank,^ the same was 
delayd till the Commissioners should appoint a new dyet, none being 
present but Provost Stuart of Banff and John Mark late Provost of 
Banff. The said J. Stuart protested agst Provost Markes rights to 
sit in the meetings of the Commissioners of Supply in respect of sd 
Rot. Stuart was present Provost of Banff. 

Robert Stewart, Provost of Banff, 1715-16 to 1718, and from 1721 
to 1724, father-in-law of Thomas Duff, Clerk of Supply, and father of 
John Stewart, Supervisor of Excise, was through his connections 
considered Hanoverian enough to supplant Provost Mark, who was 
suspect as Jacobite. 

Banffshire Jacobites under arrest in 1716. 

The following letter of Lord Justice Clerk Cockburn, erroneously 
designed after the English style Lord Chief Justice Clerk, shows the 
mild local manner of dealing with some of the Banffshire Jacobites 
who had come in, and were put under arrest. 

' In the parish of Bellie. ^ In the parish of Rathven. 
Q2 



322 RECORDS OF THE COUNTY OF BANFF. 

Letter ^ from Lord Chief Justice Cockburn to Lord Townshend 

from Edinburgh, September 8, 1716. 
When I was at Aberdeen, I had information there were severall 
heretors in the county of Banff, who had been in arms for the rebelHon, 
had surrendered, and were made prisoners, but are now all at liberty. 
I sent into that county to know the truth of this, and had a returne 
that severall gentlemen surrendered ymselves to the Deputy Lievts, 
gave up yr horse and arms they had in the rebellion wt them. The 
Deputy Lievts according to order delivered these gentlemen to the 
comanding officer at Banff for the time, and as the troops were 
releaved the prisoners were delivered to the succeding comandrs, till 
at last a detachment of Wills regiment comanded by Lievt Melvill is 
ordered to march from that, but no party being to releave him, he 
delivered a list of the prisoners to the Magistrats of Banff, and they 
not being comitted to the tolbooth, but keept in lodgeings under 
centinells, the Magistrats took no further notice of ym, and ye gentlemen 
are all retired. I believe many of ym are yet in yt country. If the 
Government thinks fitt to cause enquire after ym, I thought it my duty 
to give notice of this. Here enclosed is a list of ym. 

George Gordon of Buckie. 

George Gordon of Glestirum. 

Harry Gordon of Avachie. 

Alexander Gordon of Glengerrock. 

Charles Hay of Ranas. 

John Hay of Mildavit. 

Alexander Anderson of Arradoull. 

John Abernethie of Meyan. 

John Stuart of Drummin. 

Alexander Keith of Northfield. 

Sir James Abercromby of Birkenbog. 

George Abercromby younger of Skeith. 

Adam Gordon of Balgowen. 

Sir James Gordon of Park. 

Andrew Stewart of Auchluncart. 

John Ross of Allanbuy. 

'S.P. (Scotland) Letters and Papers, 2nd Series, Bundle 12, No. 165, Public Record Office. 



THE DISARMING OF BANFFSHIRE. 323 

In the first week of September 1716,^ 73 prisoners marched or were 
due to march to Carlisle from Edinburgh and the Castles of Stirling 
and Blackness, including — 

3rd Sept. — Mr. Patrick Gordon, eldest son to Aberlour. 
5th Sept. — From Edinburgh Castle — 

Alexander Lord Marques of Huntley. 

John Gordon of Glenbucket. 

John Gordon, uncle to the Earl of Aboyn. 

The Disarming of Banffshire. 

October 22 — In terms of the act of Parliament the Magistrates [of 
Banff] appoint tomorrow for taking in the arms, it being not now 
lawful to use or bear broad sword or target poynyeard whinger or durk 
syde pistoU or syde pistolls or gun or any other warlike weapons, and 
that the arms of Royal Burghs are to be kept in magazines, and are not 
to exceed 200 in number. Such arms when brought in are to be 
appreciated. The county cess of 1717 was applied in payment of the 
arms given up. 

On loth November 1716 Brigadier General Grant Lord Lieutenant 
of the County, received from his Deputy Lieutenants an account ^ of 
their proceedings under the Disarming Act. At Banff the arms 
delivered up amounted to sixty six guns, fifteen pistols, twenty six 
swords, three dirks, and four Danish axes or halberts. At Cullen 
there were delivered one hundred and thirty six guns, seventy four 
pistols, nine barrels of guns, two hundred and thirty six swords, 
thirty three dirks, a steel cape, and three calivers. These arms were 
placed in the custody of the Magistrates of Banff and Cullen. At 
Keith there were delivered up six hundred and thirty four swords, 
ninety one dirks, three hundred and ninety six guns and barrels of 
guns, fifteen locks of guns, two hundred and nineteen pistols, thirty 
seven halberts or partisans, eighteen targets, and one steel breastplate. 

The arms collected at Cullen and Keith were in course sent to 
Banff for safe custody. 

A New Commission of the Peace. 

The Deputy Lieutenants at the same time sent the Brigadier a list 
of gentlemen whom they proposed for appointment as Justices of 
the Peace for the county. A new Commission of the Peace was 

' S. P. (Scotland), Letters and Papers, 2nd Series, Bundle 12, pp. 151-153, P.R.O. 
'"The Chiefs of Grant," Vol. I., p. 365. 



324 RECORDS OF THE COUNTY OF BANFF. 

accordingly issued for the shire of Banff, as may be seem from the 
following three minutes : — 

At Banff the twentie first day of January one thousand seven 

hundred and seventeen years : — Sederunt of the Justices of 

Peace of Banffshyre. Justices present — My Lord Deskfoord, 

Captain Alexander Abercromby of Glassach, Thomas Donaldson 

of Kinairdie, William Gordon of ffarskan, Robert Steuart 

Provost of Banff, and Walter Brannes at present eldest Baillie 

of Cullen, who unanimouslie elected My Lord Deskfoord preses 

to the said meeting. 

The Justices forsaid, having taken the oaths and qualified conform 

to law, did appoint intimations to be sent and published at the severall 

Paroch Churches within the shyre, requiring the haill Justices of the 

forsaid shyre to meet at Banff the first tuesday of ffebruary next at ane 

quarterlie session to be holden there, and that the Justices of the Peace 

who have not as yett qualified may receive the oaths and qualifie 

conform to law. Deskfoord, Pres. 

At Banff the fifth day of ffebruary, being the first tuesday of the 
said month one thousand seven hundred and seventeen years. 

The said day anent the intimations sent to and published at the 
several Paroch Churches within this shyre, by order of the last meeting 
of the Justices of the Peace holden at this place the first day of 
January last, requiring the haill Justices of the peace of the sd shyre 
to meet this day and place to the effect mentioned in the last act, and 
there having none compeared except Thomas Grant of Auchynanie, 
who being one of these appointed by the Brieve sent with the Com- 
mission to qualifie the rest of the Justices of the Peace nominate by 
the said Commission : Therefore the said Thomas Grant of Auchynanie 
appoints Thursday the fourteenth of ffebruary current ffor the whole 
Justices of the Peace within the shyre of Banff not yett qualified to 
meet at Bellgarren in the parochin of Boharm, and appoints Mr. 
Robert Blenchel notar publict in Keith to carry allongs the peapers and 
writes necessary for, and appoints the same to be returned to Banff to 
the Justice of Peace Clerk or his Depute there, and ordaines intimations 
to be sent furth to the severall paroch churches the next Sabbath day 
to be intimate as accords; and excuses Walter Grant of Airdendillie, 



ARREARS OF CESS FOR 1714-16. 325 

Alexander Anderson of Newtoune, Mr. James Leslie of Tullich, John 
Innes elder and John Innes younger of Edingeith, Archibald Grant of 
Papine, and William Duff of Bracco, in respect of their several letters 
sent and in the Clerks hands and other relevant excuses. 

Thomas Grantt. 
In accordance with precedent, the Clerk of Supply, Mr. Patrick 
Duff, was appointed Clerk of the Peace. 

Sederunt of the Justices of the Peace of Banffshyre holden at 

ffordyce the seventh day of March Jajvij& and seventien years 

by My Lord Deskfoord, William Gordon of ffarskan, Thomas 

Grant of Auchynanie, John Ogilvie of Kempcairn and John 

Ord of ffindochtie. ffarskan preses. 

The Commission and other writes delivered to Mr. Robert Blenchel 

were by him redelivered to Thomas ffordyce as Depute Clerk to Patrick 

Duff, as also Cavers Douglas letter anent the lights dated the twentie 

nynth Janry last. William Gordon. 

William Gordon was third laird of Farskane, Rathven. He married 
Helen, second daughter of Alexander Duff of Bracco. Dr. Cramond ^ 
states that he was implicated in the rising of the , Fifteen, but on what 
grounds the Editor cannot find. He died in 1735. 

The Arrears of Cess for 1714-16. 
Sederunt of the Commissioners of Supply of the Shyre of Banff 
met at Banff the Thirty day of May One thousand seven 
hundereth and seventeen years. Present — Collynward, Mount- 
blairy, Provost Stewart present Provost of Banff, Kinnairdy, 
Provost Mark. Kinnairdy chosen preses. 
Meeting called by Sheriff of Banff to stent and proportion the 
eight months cess for the service of 1717, and to examine former 
Collector's accounts. Patrick Duff, writer in Aberdeen, again chosen 
Clerk. 

The said Mr. Andrew Hay of Mountblairy, Collector of the former 
supply for the service of the years Jajvij& and fifteen and Jajvij& and 
sixteen, for discharging himself and the shyre thereof, produced a 
discharge granted by Gavin Plummer, deputy receiver of the supply 
for Scotland, dated the seventh day of August Jajvij& and sixteen years, 
for fyve hundred seventy three pound fifteen shillings and sixpence 

' Dr. Cramond'b "Annals of Banff," Vol. I., p. 114. 



326 RECORDS OF THE COUNTY OF BANFF. 

sterling in complete payt. of twelve months supply, payle by the said 
shyre at the three termes following, viz., four moneths supply payle agt 
the twenty fifth of March, and four moneths supply payle agt the 
twenty nynth of September Jajvij& and fifteen, and four moneths 
supply payle agt the twenty fifth of March Jajvij& and sixteen, being 
in full pay^ of the cess due out of the said shyre for the sds years 
Jajvij& and fourteen and Jajvij& and fifteen, which discharge being 
seen by the sds Commissioners they approve thereof, and appoint their 
Clerk to cause registrat the same 

And, for instructing what he had paid of the cess due out of the sd 
shyre for the year Jajvij& and sixteen, [the Collector] produced a recept 
granted to him by Alex"". Innes, clerk to the receivers office, dated the 
twenty fourth of June Jajvij& and sixteen for twenty six pound fyve 
shillings and two pence sterling, which with former recepts compleitly 
paid the two moneths cess payle out of the sd shyre at and before the 
twenty fourth of June last bypast ; as also produced anoyr receipt to 
him from the sd Alex*^. Innes dated the tenth of November last 
for twenty three pound fourteen shillings and ten pence sterling to 
account of the two moneths supply payle by the sd shyre the twenty 
nynth of September last, and likewise produced anoyr recept from the 
sd Alex'". Innes dated the twelvth of Apryle last for four hundereth 
thirty one pound thirteen shillings nyne pence and one sixth part 
sterling, to account of the six moneths supply payle by the sd shyre the 
twenty nynth of September, twenty fifth of December, and twenty 
fifth of March all last bypast ; and which recepts the sds Commis- 
sioners appointed to be delivered back to the sd Mr. Andrew Hay, that 
he might pay up the ballance of the sd cess due out of the sd shyre 
for Jajvij& and sixteen, and recover the receivers discharge therefor 
how soon possible, which was accordingly done. The sd Mr. Andrew- 
Hay produced also a list of defficient cess due out off the sd shyre, 
ammounting to two thousand eight hundereth and two pound two 
shilling and ten pennys, which being considerably more than the 
ballance due by the sd shyre to the receiver, they appoint him to call for 
the same and use all ordinary dilligence for recovery yrof. 

Mr. Hay reappointed Collector at 600 merks. 300 merks to Clerk 
continued. Shyres Post continued at 2/- stg. weekly. 



THE ARREARS OF CESS, 1715-16, WIPED OUT. 327 

Sederunt of the Commissioners of Supply of the Shyre of Banff 

met in Banff the fifteenth day of May Jajvij& and eighteen 

years. Present — My Lord Deskfoord, My Lord fforglan, Coll. 

Grant, Carron, Glassaugh, Capt. James Grant of Elchies, 

Mountblery and Kinnairdy : Who unanimously named My 

Lord Deskfoord preses. 

The meeting being met to impose the eight months supply for year 

1718, to choose a Collector and Clerk, and to examine the Collectors 

accounts of pay^ of last cess, Patrick Duff, writer in Aberdeen, is again 

appointed Clerk. 

The said Mr. Andrew Hay represented to the Commissioners that 
albeit he had paid up very near the haill last years cess, yet the same 
having been applyd for payt of ye arms given up to the government in 
the terms of an act of this pnt Parliament, yet the sds recepts not 
being allowd to ye genii receiver by ye Exchecquer, he can get no 
discharge therfor untill the same be done, and cravd that the giving in 
his discharge of the last years cess might be delayd till their next 
meeting, and which the Commissioners agreed to. And in consideration 
of ye discharge mentioned in the last sederunt, which clears the cess 
of ye shyre for cropt 171 5 and preceeding, they appoint his and his 
caurs bond for the cess of 171 5 to be cancelld. 

Mr. Andrew Hay is appointed Collector of the eight moneths cess 
for the service of 1718 at 1000 merks. The Clerk is appointed at 400 
merks, and the Post continued. 

Deskfoord, Pres. 

Next year on 15th May 1719 Mr. Andrew Hay the Collector 
produced discharges by Alex*". Innes deputy receiver for the cess of 
1716 and 1717, and the arrears of 1715-16 were then finally wiped out. 



CHAPTER III. 

Road Administration from 1710 to 1760. 

IN the oldest extant Minute Book of Commissioners of Supply and 
Justices of the Peace of the County, beginning loth November 1696, 
the following minute of May 1710 is until 1718 the only one that 
bears on county road administration : — 

Att Banff the 25th day of May 1710 years, Sederunt of the 

Commis''^. of Supply of Banffshyre : Present : — The Lord 

Deskfoord, The Lord fforgland, Park, Birkenbog, Troup, 

Kinminnity, Collynevart elder, Meyan, Edingeith yor, Kinairdie, 

Castlefield, Provest Mark, Corskie yor, Monblairie, Rosieburne, 

Carnousie, Dykesyde, Arindullie, Tullich and Edingeith elder. 

The Commis'"^. piit elect the Lord Deskfoord preses. . . . 

The Commis""^. forsd as Justices of Peace remitts to Carnousie, 

Monblairie, Rosieburne and Collynevart elder and yor, or any three 

of them to visit the high w^ayes leading throw the parishes of Alvah 

and fforgland, and to repair them, and make qt report they find 

necessary to the next gra' meeting of the Justices. The Justices piit 

recomends to Edingeith elder, Collynevart, Provest Mark, Raggall 

and Baldavie to visit the highway betwixt Blairshinnach and Baldavie, 

and to get the help of the parish of Boindie and Banff for repairing 

the same, as the sd comity shall find it necessary. 

Roads and Bridges, 1715-1718. 

In 1715 the act 2, George I., c. 22, and in 1718 the act 5, George 
I., c. 30, were passed. These two acts re-enacted the code of highway 
maintenance and management established in the reign of Charles 
the Second, with the following variations. They abolished the powers 
of the Council of Scotland, which no longer existed. The Justices 
of Peace and Commissioners of Supply were to convene every 3rd 
Tuesday of May to choose Clerks and Surveyors. The statute labour, 
the ancient means of maintenance imposed on the inhabitants, 
was fixed at three days before the end of June and three days after 

R 2 



330 RECORDS OF THE COUNTY OF BANFF. 

harvest. Those absent from the statute labour were liable to pay i8d. 
for each day they were absent without a substitute. Surveyors, who 
were bound to accept office under a penalty of 3^5, were ordered to 
report on the condition of the highways every six months. Scotland 
was then emerging from the troubles of the rising in 1715 under the 
Earl of Mar in favour of the exiled Stuarts, a rising which much more 
seriously affected Banffshire than the subsequent one of 1745. There 
can be little doubt that the improvement of the highways of Scotland 
then came to be an important part of the policy of the British 
Parliament in bringing about the settlement of the country. The 
statutes referred to set the authorities of Banffshire in motion in the 
matter of roads and bridge-building ; and, with the improvement of 
roads in consequence, the period under review was marked by the 
gradual introduction of wheeled traffic, in place of the hitherto universal 
horse, furnished with "curracks" or " crook-saddle." 

In 1718, the Justices of Peace met at Banff on the 15th day of May. 
The proceedings at this and subsequent meetings in inaugurating and 
carrjdng on the county management of roads and bridges may be of 
sufficient interest to warrant a verbatim narrative in some detail; while 
the local interest attaching to the making of particular roads and to the 
building of particular bridges may also excuse a fairly detailed chronicle 
of these. At the same time the proceedings bulk so largely in the 
Minute Book that it may be advantageous to confine this chapter to 
road administration alone. 

Sederunt of the Justices of Peace of the Shire of Banff, met at 

Banff the fifteenth day of May Jajvij& and eighteen years. 

Present — My Lord Deskfoord, My Lord fforglen. Coll. Grant, 

Glassagh, Carron, Elchies, Kinnairdy, who named My Lord 

Deskfoord preses. 

The saids Justices of Peace, considering that by severall acts of 

Parliament they are appointed to cause the highwayes and bridges in 

their rexive shyres to be repaired, and that the highwayes w'in the 

shyre of Banff are generally neglected and in many places in ye winter 

impassable, for repairing the same and preventing the lyke afterward 

they appoint and ordain the Justices of Peace of each district, w^ the 

constables of each parioch to survey all the public roads w'in the 

haill parioches of the sd shyre, such as lead to the head burgh of the 

shyre, any seaport town w^in the shyre, to ye parioch churches and 

all oyr public places, and when the sds roads are not twenty foot 

broad, as appointed by ye 38 act, i Sess. i Par., Cha. 2d., and head 




'Jetfn^a. .5i^(Su*^^J^n€:/i^a/^xM^u/^S^'(QaA^ 



BY- ALLAN RAMSAY 



JAMES, LORD DESKFORD. 33I 

rigg & casey, or where the repairing of calseys or ridges is needfull, 
and to report the same and in what condition they are presently and 
what mony will be requird for making them sufficient, by and attour 
the services which each parioch are obligd to give by law ; and in 
the meantyme appoint the Justices of Peace to cause the constables 
oversee and sett about mending such of the sds highwayes, as can be 
repaird by the services due by ye rexive parioches by law, and to 
interpose their authority for putting the laws in execuon agt. such as 
are negligent in attending and assisting to repair the sd highwayes by 
the intima^n of any two the Justices of the Peace at the rexive 
parioch churches : And recommend it to Glassaugh, and ffarsken, and 
Troup to oversee the repairing the ways w'in the district Banff and 
Cullen and all below Keith; and to Carron, Coll. Grant and Captain 
James Grant to oversee the repairing the highwayes of the shyre 

above Keith 

Deskfoord. 

James, Lord Deskford. 

Lord Deskford, who presided at the meeting on 15th May 1718, was 
the eldest son of the Chancellor Earl of Findlater and Seafield. He 
was born in 1689. In 1699-1700 his father entered him at Marischal 
College, Aberdeen, in the records of which he is styled nobilissimus 
Jacobus de Deskford. He studied under Mr. George Peacock, regent, 
whose prelections ran through the encyclopaedic course of logic, physics, 
arithmetic, geometry, moral philosophy and economics. He was of a 
studious and serious character. His private tutor, William Blake, 
writing on 7th March, 1701, giving an account of a light between the 
students of Kings and Marischal Colleges, says : — " As to the rupture 
between the colledges it was truely very dreadfull, for gentlemens sons 
in both were in hazard of their lives evry hour for 8 or ten dayes 
together, but now blessed be God all differences amongst the students 
are composed. The Master judged them both fools, and never thought 
of sydeing with either of them." He went to Utrecht University in 
1705* where he made very good progress in French, History, and Law. 
There too the serious and religious strain in his character, which he 
inherited from his mother, kept him out of the usual rowdy student 
life. His tutor, writing to his father on 19th June 1705, tells how 
" My Lord Deskford lives in good friendship and correspondence with 
the English and Germans here, he walks in the fields with them, 
converses in coffee housses, receives and returns their visits, but 



332 RECORDS OF THE COUNTY OF BANFF. 

never goes allong to the tavern, nor ever makes a pairt in their 
night caballs. They doe not generally apply themselves to any 
study." As Lord Deskford or rather Deskfoord, as he writes it 
in his large and beautiful handwriting, he took an active part in 
the government of the county from 1709 to 1721, and was almost 
invariably elected preses of every county meeting that he attended. 
His father had been one of the strongest supporters of the Revolution 
settlement, and had carried the Union of the Parliaments of Scotland 
and England, though later in 1713, owing to his disapproval of the 
Malt Tax as applied to Scotland, and of other measures passed by the 
United Parliament, he had moved and nearly carried in the Lords its 
repeal. After the death of Queen Anne, on ist August 1714, and on the 
eve of the Rebellion of 1715, Lord Deskford's loyalty to the new 
Government, probably on account of his connexion with his wife's 
relatives, the Hays of Kinnoul, one of whom. Col. Hay, was " out," was 
suspected, and he was for a short time confined a prisoner in Edinburgh 
Castle. He had previously presided at a meeting of Commissioners of 
Supply of the County of Banff held on 15th August 1714, twelve days 
after the Queen's death, and after the news of it had travelled north. 
At that meeting steps were taken, on the recommendation of the Lords 
of Justiciary, to put the county in a position of defence should any rising 
in the Highlands in favour of the exiled Stuarts, as was apprehended, 
take place. This would be all in favour of the sincerity of his loyalty. 
The truth would seem to be that contemporaneous with the right-about 
face movement of the Earl of Mar, who acclaimed George's accession 
in 1714 and raised the standard for the Stuarts on 6th September 1715, 
everybody in Scotland was more or less suspect. We find Deskford next 
presiding at a meeting of the Commissioners of Supply of the County 
on 15th May 17 16. To him more than to any one Banffshire owed 
the progressive policy of road management inaugurated in 1718. 
On succeeding to his father in 1734 he was appointed one of the Lords 
of the Police, and three years later he was appointed Vice-Admiral of 
Scotland. He died at Cullen House on gth July 1764. 

Bridge Building in St. Fergus. 

On the 15th day of May 1719 the Justices again met at Banff under 
the presidency of Lord fforglan. There were present : — My Lord 
fforglan. Provost Scott, Kinairdy, Troup Eldr, and Kincardine. That 
day Troup Elder called attention to the building of a bridge in St. 
Fergus parish (a parish long administered as an integral part of Banff- 
shire) by William ffraser of Broadland, and the meeting agreed to pay 
Broadland his outlay. In regard to the maintenance of the highways 
of the county the Justices further resolved as follows: — 

The saids Justices of Peace, all the heritors, and others within the 



ALEXANDER OGILVIE, LORD FORGLEN. 333 

shyre of Banff to cause their respective tennents and sevtts cleanse 
the highways of stones, and repair the same in the terms of the acts of 
Parhatt and their former acts made thereanent, and appoint intima°ns 
to be made publicly through the shyre for that effect. 

Alexr. Ogilvie, Lord Forglen. 

Lord Forglen, who was usually chosen preses of the meetings of the 
Commissioners of Supply in the absence of Lord Deskford, was the 
second son of the second Lord Banff, and is said to have been born 
about 1660. Related to the family of Findlater, he was a frequent 
correspondent of theirs, and several of his letters are included in 
" Seafield Correspondence." ^ Through the influence of his cousin, the 
Viscount Seafield, he was appointed in 1699 Deputy Keeper of His 
Majesty's Signet. On 13th March 1700 he got sasine of the family 
lands of Forglen and part of Inchdrewer. In June 1701 he was created 
a Baronet, with the style of Sir Alexander Ogilvie of Forglen. At 
Michaelmas that year he was enrolled in the County suite roll for 
Forglen. At the election on 6th October 1702 of young Boyne and 
Bracco as Commissioners of the shire, when Seafield's nominee. Sir 
James Abercrombie, seems to have retired from the contest, Forglen 
led the Seafield opposition. At a meeting of Commissioners of Supply 
of Banffshire on 15th October 1702 he took the oaths of allegiance to 
Queen Anne. He sat in the Scots Parliament from 1702 until the 
Union in 1707 as Commissioner for the Royal Burgh of Banff, and 
it was made a condition of his election early in 1702 that he should 
receive no pay, and that he should " procure ane letter from the Duck 
of Gordone that his Grace is satisfied Forglen is his friend." Owing to 
the influence of his powerful relative, the Chancellor Earl of Seafield, 
he eschewed the Jacobite tendencies of the House of Gordon, and 
received in consequence rapid advancement. He actively supported 
the union of the Parliaments, and was appointed one of the Com- 
missioners for the treaty. On 29th March 1706 he was made a Judge 
of the Court of Session, and took the title of Lord Forglen. Writing 
of a vacancy in the Scots bench in 1700, a correspondent of Carstares 
remarked — " My Lord Seafield is for all of them [the candidates] till 
the Parliament sits, and then for his cousin Forglan when it is over."^ 
It was probably owing to his influence that his brother, the third Lord 
Banff, a Jacobite and Roman Catholic, came into line with the Govern- 
ment at the time the union was carried. 

In the troubled times after the death of Queen Anne, on ist 
August 1714, he took an active part in the county government of 

'"Seafield Correspondence," Scottish History Society, i()i2, passim. 
'Carstares State Papers and Letters, p. 612. 



334 RECORDS OF THE COUNTY OF BANFF. 

Banffshire. He was present at the meeting of Commissioners of 
Supply when the cess was voted on 14th August 17 14, and when 
measures were taken to put the county in a state of defence against an 
apprehended rising in the Highlands in favour of the Stuarts. He 
presided at a special meeting of Commissioners of Supply and Justices 
of the Peace on ist September 1714, when, owing to the death of the 
Justice of Peace Clerk, Patrick Lesly of Melross, he was asked to write 
Lord Findlater that those present " would have qualified yinselves and 
given orders to oyrs, but the want of a clerk impeded them." He was 
present at the meeting on 15th May 1716, after the rising had been put 
down, when the cess was imposed ; and, down to 1723, he took an 
active part in the county government. He was succeeded by his son. 
Captain Alexander Ogilvie, and his grandson, Sir Alexander Ogilvie, 
became seventh Lord Banff. He died on 30th March 1727. 

Code of Road Management, 1721. 

The more or less general orders and the directions of the Justices in 
1718 and 1719 do not seem to have been very effective. In 1718 the 
county was roughly divided into two districts, an upper and a lower 
one, much as it is at present ; and the roads, which appear to have 
been in a very bad condition, in each district were put under the 
general direction of three heritors, who gave their services gratuitously. 
This did not obtain long. The tentative division into two districts was 
given up in 1 72 1. A salaried general overseer, as well as more stringent 
and more detailed regulations for road management, together with 
funds from a county road rate, were soon found to be necessary, if the 
highways were to be effectually made and repaired, and necessary 
bridges were to be built. The county authorities were ready to press 
these reforms forward. With the imposition of a road vote the 
Commissioners of Supply, as such, came to the front, and the Justices 
receded into the background. 

On the 6th October 1721 the Commissioners of Supply of the 
county met at Banff, under the presidency of Lord Deskford. There 
were present : — My Lord Deskfoord, Sr Alex"" Ogilvy of fforglan, Alex. 
Abercromby of Glassaugh, Mr. Andrew Hay of Monblary. 

The sd day the sds Commissioners, takmg to their considera°n 
that the Comissrs & oyrs wUn this shyre are lyable to be prosecute for 
their remissness in not repairing the highwayes and roads in the terms 
of the sevll acts of Parliat made theranent, doo therfor ordain in- 
tima^nes to be issued out of the sevll paroch churches w'in this shyre 
requireing all Heritors, Commssrs of Supply and Justices of the Peace 
and others lyable to repair the highwayes to meet att Banff upon ffryday 



CODE OF ROAD MANAGEMENT, 172I. 335 

the thirteenth instant, in order to consider the most effectuall measures 
for repairing the sds highwayes in the termes of the acts of ParHat 
made thereanent, and Hkewayes appoint the constables of ea^h paroch 
to attend the sd court, and give in parlar account of such roades and 
bridges as want to be repaired w^in their respective paroches, and 
ordaines the expense of this present intima^n to be payed out of the 
first fonds to be appointed for the repara^n of the sds highwayes. 

Deskfoord. 

A week later the Commissioners of Supply of Banffshire, who were 
the sole authority in the county entitled to impose a county rate, and 
Heritors met at Banff on 13th October 172 1, under the presidency of 
Lord Deskford : Present — My Lord Deskfoord, My Lord fforglan, the 
Lairds of Bracco, Glassaugh, Ardmellie. They recommended the 
imposition of a road rate, appointed a salaried general overseer, and 
drew up the following code of road management for the county : — 

The Comysrs of Supply and heretors having met in obedience of 
there last act, dated the sixth day of Octr. instant, and takeing to their 
consideration, and being fully informed from the respective pairts of the 
shyre, that it is absolutely impossible to make the necessary repara°ns 
of the highwayes w^out imposeing the ten shillings Scots upon each 
hundred pounds valued rent allowed by act of Parliament, and 
appointing a grail overseer as wel as the particular ones in each 
paroch, they did unanimously come to the following resolutiones : 

Resolved: That two pence halfpenny sterl. be collected quarterly 
upon each hundred pound valued rent vv' the cess, ay and while the 
necessary repara^nes be made, and that the sd two pence halfpenny 
doe commence to be payed the first of December next with that terms 
cess, and that the Clerk of Supply issue out intimaones conforme. 

Resolved : That whoever shall be named the Generall Surveyor 
be allowed of salary one hundred pounds Scots p. annum, and half-a- 
croun a day whenever he shall be oblidged to travell bwn or attend 
the sds works, and that the sallary commence from the 15 day of 
May next. 

Resolved : That out of the first and readiest of said money there 
be four pretty large swayes and eight hand gavelocks, twelf puiayes 
and twelf yron spades bespoke and bought. 

Resolved : That ther be two overseers appointed in each paroch, 
who are to attend the workmen of the said paroches day about by 



336 RECORDS OF THE COUNTY OF BANFF. 

turns, who shall be putt on oath to give ane account of all persons 
oblidged to work by act of Parliament, that when they shall be absent 
for a whole day, or any part yrof, they may be fyned accordingly. 

Resolved: That betwixt and the day of the session 

clerks and elders of each paroch doe give in a list of all tennents, 
their men servants, cottars, crofters, & grassmen (Lords and boyes that 
drives horses excepted, except such as hade the plough and threshes) 
w*in their respive paroches, that it may be the more easily known 
who shall absent themselfes from working att the roads, after the 
public intima^n shall be given for attendance. 

Resolved : That wher any bridge or caulsey is to be made w^in 
any paroch, the tennents of the sd paroch shall load the stones, lyme, 
sand, and other materialls necessary for the same, and the lyme and 
masson work is only to be payed out of the generall charge. 

Resolved : That wher bridge or caulsey is to be made on the 
confifies of two paroches that both paroches shall contribute equally 
for loading stone, lyme, sand and oyr materialls necessary for the 
same, and the lyme and masson work to be payed as above. 

Resolved : That William Syme, merchant in Banff, be appointed 
overseer for the space of a year, and that he provide the swayes, gave- 
locks, pules and spades as above ; as also call for the lists from the svall 
session clerks of the respive paroches as above; as also that with 
all conveniency he doe informe himself of the proprest persons in 
each paroch to be appointed overseers therin ; and that by the advice 
of the heritors in each paroch he review and consider all the publick 
roads in each paroch, and what bridges and caulseyes will be needfull 
in each paroch; and call workmen to know what expense will be need- 
full above the materialls chargeable upon the paroch, and to prepare a 
state therof agst the 15 day of May next, for which paines and expenses 
the Commissioners present promise him payment and a sufficient 
reward. 

Resolved : That as he passes by the sds highwayes he doe take 
notice where encroachments are made upon the sds highwayes, ether 
for want of head ridges or by bringing down the ends of ridges too farr 
upon the highwayes ; and that the sd William Syme doe issue out 
intima°n in name of the sds Commissioners requireing all persons to 
observe the directions given by them anent the highwayes and 



PARISH OVERSEERS. 337 

repara°ns to be made, and likewayes that intima°nes be given for 
cleanseing the roads of all loose stones. 

Resolved : That wheras there is nothing more destructive to all 
maner of improvement than throwing doun ditches dykes and hedges, 
makeing foot roads and cutting of planting: Ordered that the 
intima°ne be issued out in the termes of the acts of Parliament made 
theranent, and that the penaltyes shall be rigorously exacted and 
applyed to the repara^n of the highwayes. 

Resolved : That intima°ns be issued to all paroches for loading of 
stones, sand and lyme for all bridges that are already built for keeping 
them in order, and likewayes that intima°nes be made for carying 
stones and sand to such caulseyes and bridges wher ther is an absolute 
necessity of repairing or new building. And it is hereby declared that 
the expenses of writeing and disperseing the haill above intima^nes 
and all other necessary expenses anent the haill premises to be waired 
out by the said William Syme are to be allowed to him. 

Deskfoord, p. 

Imposition of a Road Rate. 

At the Head Court of the shire, held on the i6th May 1722, under 
the presidency of Lord Forglen, present — Lord fforglan, Glassaugh, 
Achoynany, Kynairdy, Provost Stewart, Mountblairy — the Commis- 
sioners of Supply imposed for the t;rst time on each ;£"ioo of valued 
rent of the county ten shillings Scots, as allowed by act of Parliament, 
for repairing the highways of the county. This rate, amounting to 
lod. sterling, with the exception of a short interval following the 
troubled times of 1745, viz., from 1747 to 1750, continued to be 
imposed every year until the middle of the nineteenth century, and 
annually yielded the sum of £33 sterling. This may appear a small 
sum, but, coupled with the statute labour, it was until 1804, apart from 
private effort, all that was available for the making and maintenance of 
the roads and bridges within the county. The rate produced a fund 
from which the general overseer was paid, tools for road making and 
materials and skilled labour for bridge building and causewaying of bad 
parts of roads were purchased and hired ; and the records of the 
county show that, though small, this road rate went far, and produced 
wonderful results. 

Parish Overseers. 

The first general overseer, William Syme, Senior Bailie of Banff 
and Sheriff Depute of the County, did not continue in office long. At 

S 2 



338 RECORDS OF THE COUNTY OF BANFF. 

the same Head Court he gave in his resignation, and for some time no 
successor was appointed. In terms of the resolution of 13th October 
1 72 1, the following parish overseers, who were to give their services for 
nothing, were appointed on i6th May 1722 to superintend the highways 
in each parish : — 

For the paroch oi Gamrie — Laird of Troup and William Duff. 
Banff and Alvah — Bachlaw,^ Alexr. Bisset, and Alex. Mill. 
Forgland — Geo. Robertson in Ribra. 

£f J [Sir James Dunbar, Glassaugh, TiUinaught^^and Geo. Mackie. 



ffordj'ce ■ 

Deskfoord — Drumwhindle.^ 

Raffan — Ranas and ffindochty.'^ 

Bellie — Laird of Buckie. 

Ordewhill — Mr. Coupland. 

Marnoch, Rotheymey, and Inverkethny — Ardmelly, Mr. Hamiltoun, and 

Glassaugh. 
Grange and Keith — Edengeith, Muriefold ^, Peter Gordon, Bonhall. 

^ .1 , [ Lesmurdie, ^ Recletich, ^ and Tullich. 

pi [ Laird of Arndille, ^ Anderson of Newtoun. 

Inneravine — Colonel Grant and Tomnavillian. 
Kirkmichall — James Grant of Ruthven. 

The detached parishes of St. Fergus and Fetterangus, Straloch and 
part of Gartly in Aberdeenshire, are not mentioned in the above list ; 
but for long the roads of those parts were managed by the Banffshire 
county authorities. 

The more particular duties of these parish overseers were to 
convene the country people to work on the roads, and to oversee them. 
They were also directed to give in an account in writing of the work so 
done on the roads, and of the people who were deficient in coming 
out to perform the statute labour, so that deficients might be prosecuted. 
They were also empowered to procure the tools necessary for such 
work as was being carried on. 

From the minute of meeting of the Commissioners of Supply of 
2nd May 1723, when there were present My Lord fforglen, Troup yor., 
Kmairdy, Auchoynany, Edengeith yor., Lesmurdy, Provost Stuart, 
Tulloch, Montblery — a glimpse is got of the indefiniteness of the lines 

' William Ogilvie. ' Archibald Dunbar. 3 John Gordon. *John Ord. 5 Thomas Innes. 
* Alex. Stewart. ' Robert Gumming. ^ Thomas Grant. 



MAIN LmES OF ROAD MADE OUT. 339 

of roads leading through the county. It is therein stated that they 
appoint the rexive heretors to stop the byways leading through their 
lands that travellers may keep the public roads, and appoint them to 
give in lists of the transgressors that go by the sd byways that they 
may be prosecuted. At this meeting the Collector was ordered to 
disburse the first highway money specifically voted for roads, and the 
honour belongs to Auchoynany (Thomas Grant, the patron of James 
Fergusson, the astronomer), who was repaid £^ 12s. Scots very profitably 
laid out by him for repairing the highways in the paroch of Boharm. 

It is not to be inferred from the resignation of the general overseer 
and the appointment of parish overseers that the system of road 
making in the county was of a parochial nature. The Justices and 
Commissioners of Supply had a well defined policy of road and bridge 
building and maintenance ; and the lines of roads authorised had a 
very definite relation to the needs of the population of the county. 
Naturally the roads in the lower end of the county, which was more 
populous than the upper end, received more attention at first. The 
following minute is the first one that deals with the particular lines of 
road that were required by the authorities to be made out and 
maintained by statute labour ; and these roads, though not in the exact 
lines, remain to the present day main thoroughfares in the county. 

Main Lines of Road to be made out. 

Sederunt of the Justices of the Peace and Commissioners of 
Supply mett at Banff the Twenty fourth day of September 
lajvij'^ and twenty three : Present — Glassaugh, Kinnairdie, 
Kempcairne, the Provost of Banff, and William Duff — 
Glassaugh, preses. 

The sd Commissioners and Justices present appoint that the roads 
leading from Banff to Keith and from Keith to Portsoy be the first 
repaired by the parishes thorrew which they pass; and that the 
hereters and overseers of the roads wtin the said parishes doe against 
the head court day of the shyre, being ffriday the ffourth of October 
next, bring in a list of such bridges and caussies as will be necessary for 
the said roads wt ane estimate what will be the charge yrof : and that the 
road from Newtoun of Park joyning the sd highway from Keith to 
Banff may be at the same tyme repaired, and in the meantime that the 
overseers direct the leading of sand and stones necessary for the sds 
bridges and cassways. The next thing the Justices appoynt that the 



340 RECORDS OF THE COUNTY OF BANFF. 

most convenient road from Marnon Kirk to Banff be repaired in the 
same manner; and whereas there is some dispute which may be the 
best and nearest way, the Commissioners present doe recomend to Sir 
James Gordon of Park, William Duff of Tulloch, the Provost of Banff, 
and Baillie Syme, wt the heretors in the sd parishes, to determine the 
way the sd road is to be made in. The Third road they appoynt to be 
repaired is that road from Cullen to Banff by Portsoy Durn and 
Smiddyboyne; and that the parish of ffordyce doe immediately sett 
about leading of stones necessary for a bridge on the Burn of Durn at 
Burnsyde and for a bridge at Smiddyboyn, as also for calsey at the pass 
a little below the house of Durn ; and in the meantyme that George 
Mackie shall be payed what charges he is at in keeping the bridges of 
Scotsmilne and Boyndie in repair. Quarto — That the road from 
Newpark to Portsoy be repaired by the people of the parish of ffordyce 
so farr as goes throw the sd parish. The Justices do recommend to 
Thomas Donaldsone that he will take the trouble of being one of the 
oversiers for repairing the highwayes in the parish of Aberchirder. 
They also recomend to all oversiers of the roads that they keep ane 
exact list of what people are warned in for each road, and who are 
deficient, that they may be ffyned for themselves and horses as the law 
directs, to witt, that the said oversiers shall poynd those deficients so 
farr as the law allows. 

It is appoynted that when the gentlemen who consider on the road 
from Marnoch Kirk to Banff may at the same time consider what is the 
properest way from Marnoch Kirk to Portsoy, both by Newtoun of 

Park and thorrew Petterdenn. 

Alex. Abercrombie, I.P.C. 

The Road from Banff to Marnoch Kirk, etc. 

At the next meeting of Commissioners of Supply held at Banff on 
4th October 1723, under the presidency of Bracco: Present — Bracco, 
Rothiemay, Glassaugh, Kempkairn, Ballnoon, Tillienaught, the Provost 
of Banff — the line of road from Banff to Marnoch Kirk was fixed. 

The minister of Marnoch was reminded in connexion with his 
account for repairing the bridge upon the Burn of Auchintoul, that he 
could charge only the prime cost of the necessary lime at the kiln, 
because under the statute labour acts the country people were bound to 
cart it to the work. 



THE BRIDGE OF AUCHINTOUL. 



341 



The said day, in consequence of the last sederunt appointing a 
quorum of the Comrs. to visit the road leading to Marnoch Kirk, and 
report to this meeting which is the most convenient road to be repaired. 
Sir James Dunbar and Capt. Alexr. Abercromby reported to the meeting 
that they had visited the said road wt Sir James Gordon, Kinairdie, and 
John Hamilton, and declaired that the only proper best and nearest 
road to be repaired from Banff to Marnoch Kirk is the road that goes 
the calsey of Corsky and the Miln of Auchintoul, and the Commissrs 
appointed that road to be accordingly repaired. And they name and 
appoint Peter Gordon of Ardmelly to be also one of the overseers for 
repairing the sd road and the other roads in Marnoch parish ; and they 
appointed in case of difference among the overseers that the deter- 
mina^n of two of them shall over-rule and be obeyed by the other 
overseer and the county people. The said Commissioners appoint John 
Abernethy of Meyan and the sd John Hamilton to be sole overseers 
for repairing the roads from Marnoch Kirk to the Bridge of Millegen, 
and particularly that road from Tillydown through the Quoir; and 
they appoint the sds John Abernethy and John Hamilton and Thomas 
Innes in Bracco overseer for the parish of Grange to be joynt overseers 
for repairing the Bridge of Millegin, and they appoint them to start and 
call in horses for leading lyme sand and stones and other materials for 
building and repairing the sd Bridge of Millegen ; and the Comrs are 
to refound and pay the pryce of the lyme and timber and the masons 
wages, that shal be employed by the sd overseers to build the sd 
bridge out of the money stented on the shyre for repairing highways 
and bridges. 

The sds Comrs appoint the overseers of the parish of ffordyce 
forthwith to sett about repairing the road that leads from Banff to Keith, 
so far as its wtin the sd parish, untill it joyn wt the parish of Grange, 
and to report their dilligence to the next meeting under the pain of 
being prosecute for negligence. 

There being a petition from the minister of Marnoch for repaying 
him the charges of repairing the bridge upon the Burn of Auchintoul 
conform his acntt given in, they fynd that the lyme should only be 
charged at the prime coast at the killns, in respect the country people 
are oblidgd to carry it, and they allow no wages to barrowmen above 



342 RECORDS OF THE COUNTY OF BANFF. 

the rate of two pecks of meal and twelve shilling Scots in the week; 
and they desyre Rothemay and Meyan, wt any one or more of the 
heriters of Marnoch parish, to inspect the sd bridge, and if they find it 
sufficient appoint them to give Mr. Chalmers a precept on the Collr of 
the Supply for the sum contained in his acntt, wt the deductions anent, 
and what other deductions they judge reasonable, when they inspect the 
work ; and they recommend to the overseers of the roads in Marnoch 
parish to load sand and heather, and carry on the road from the 
Petterden to Marnoch Kirk as far as necessar, untill it be sufficient so 
as it may be passable in winter. William Duff. 

At this time Baillie Syme, the old overseer, had fallen under a cloud. 
The Commissioners of Supply at their meeting on 7th May 1724 : 
Present — Sir James Gordon, Bracco, Rothiemay, Kinnardie, Rannes, 
ffarskane, Edengight, Knockorth, Mountblearie, Tulloch (Wm. Duff) — 
Bracco preses, after imposing the highway money, ordain Baillie Syme 
to have the tools, which was bought for the shyres use in his hands, 
against that time [28th of this said month] , in order the Committee [Sir 
James Gordon, Bracco, the Provost of Banff, and William Duff" of 
Tulloch] may give them out to the overseers of the highways as they 
shall find convenient upon receipt. 

The Commissioners of Supply on 2nd October 1724 : Present — Sir 
James Gordon of Park, Bracco, Rothiemay, Achynonie, Troup, Tullich, 
Lesmurdie, and Kinnardie — Bracco preses, appoynt Sir James Gordon 
and Bracco to be joynt oversiers for repairing the highwayes in the 
parishes of Banff, ffbrdyce, Boyndie, and Ordiewhill. 

Though there was some activity on the part of the county gentlemen 
in bridge building, the system of road management by gratuitous parish 
overseers soon broke down. 

Sederunt of the Commissioners of Supply mett at Banff" the 
seventh of May Iajvij<^ and twenty five years : Present — Bracco, 
Achoynanie, Rannes, Monblairie, Kinnardie, the Provost of 
Banff, Tullich, Lesmurdie, Edengeith — Bracco preses, Sr. Ja: 
Dunbar. 

Thereafter Mr. Archibald Ogilvie of Rothiemay, haveing now in 
terms of his former application and the Commiissioners appointment 




y^y^^r.,^.. i^j^J^^W^ J?^^^, ^^^^^^ 



BV ALLAN RAMS 



BRIDGE BUILDING. 343 

given in ane estimate of the charges for building ane bridge upon the 
Burn of Millegen leading from Rothiemay to Bracco, extending to one 
hundred eighty nyne pounds, they find the sd bridge will be very 
necessar, and appoint their Collector to pay in the sd sum to Thomas 
Innes in Maynes of Bracco upon his recept yrfore for carying on the sd 
work. 

There' being ane petition given in by Lesmurdie craveing they might 
appoint a sum proper person in the head of shyre for building a bridge 
on ye Blackwattbr ; and another by Edengeith for a bridge upon the 
burn of Bracco : They recommend to these gentlemen to make ane 
estimate of the charges for building the sd bridges, and report the 
same to the Commissioners att their next generall meeting 

Considering that the repairing the highways is neglected by the 
overseers who were named because they cannot give such attendance as 
is requisite : They therefore recommend to these gentlemen who were 
named in each parish to appoint such persons under them for overseeing 
and carrying on the work as they shall think most fitt, and to promise 
them in the Commissioners' names that they shall be reasonable 
rewarded for yr pains. 

They likewayes having considered a petition given in by Charles 
Hav of Rannes for himself and in name of the other heretors of 
Rathven parish craveing that there Collector might be appointed to 
advance such money as will be necessar for building a bridge on ffoord 
Danett [PTynett] , and another by Kinnardie for a bridge on the burn of 
Kinnardie leading to Marnoch Kirk : They ffind these bridges necessar, 
and ordains Rannes and Kinnairdie to give in estimates of the charges 
to the next meeting. 

Monblaire haveing given in a petition in name of George ffordyce, 
late Provost of Aberdeen, craveing the Commrs might appoint a sum to 
be payed by yr Collector for building a bridge upon the watter of Ugie, 
they superceed giving any answer to it till the tenth of June next. 

Achoynanie represented to the meeting that the Bridge of Keith 
which is upon the publick road wants very much to be repaired ; they 
recommend to him to make ane estimate of what the charge of 
reparation will amount to, and give it in to the Commrs at their next 
meeting. William Duff. 



344 records of the county of banff. 

Appointment of a General Overseer. 

At a meeting of Justices of Peace held at Banff on 26 Oct. 1725: 
Present — The Earl of ffindlater, Bracco, Glassaugh, Achoynanie, 
Edengeith, Tullich, Recletich, Kinardie, Kempcairn — My Lord 
ffindlater preses. 

The Justices, after dismissing an excise prosecution under the Malt 
Tax laws, considered a petition from the heretors and tennants of 
ffetterangus for a sum to build a bridge over the Ugie. A committee, 
consisting of Bracco, Glassaugh, Troup, was appointed to see if it was 
necessary ; and to see if Aberdeen would contribute a share of the cost. 

Lesmurdie reported an estimate for building a timber bridge on 
the Blackwater; and an advance of one hundred pounds Scots for 
buying materials was authorised. 

Eighty pounds Scots were voted to Sir James Dunbar of Durn for 
materials for a bridge upon the Burn of Durn, to be laid out at 
the sight of yr oversier and George Mackie. 

Forty pounds Scots were voted to Ardoch for repairs to the bridge 
near the Kirk of Deskford, to be expended at the sight of Drumwhindle, 
Wm Ord, and yr oversier. 

One hundred merks were voted to Mr. Chalmers, Minister of 
Marnoch, for building a bridge on the Burn of Kinardy at the sight of 
Kinardie and yr oversier. 

Collennell James I'nnes haveing given in ane account of fourty five 
days that he has attended by the Commrs order for repairing the 
[roads] within the shyre, they appoint their Collector to pay to him for 
his pains and trouble fourty shillings Scots for each of the said fourty- 
five dayes extending to nynety pounds. The minutes of the following 
year show his appointment as general overseer under the designation of 
Capt. James Innes. 

Resistance to Statute Labour. 
At a meeting of the Commissioners of Supply of the Sherriffdom of 
Banff held on 5th May 1726: Present — Sir James Gordon of Park, 
Bracco, Rothiemay, Carnousie, Rannes, Crombie, The Provost of 
Banff, Monblairie, Ardmeallie, and Edengeith — Bracco preses — 
£26 5s. 4d. Scots were voted to Sir James Gordon of Park for 



SALARY OF ROAD OVERSEER. 345 

casswaying the road from Culphin to Newtoun of Park. Further 
procedure took place regarding the Bridge on the Ugie, St. Fergus. 

But the great defect of the system was not so much the machinery 
of overseers, etc., as the persistent active and passive resistance of the 
inhabitants to forced or statute labour. This is a very outstanding fact 
in the Road Management of Banffshire, and for that matter of Scotland 
generally, until the beginning of the 19th century, and is seen in many 
pages of the County Minutes. 

At a meeting held on 30th of September 1726 years : Sederunt of 
the Commissioners of Supply : Present — Sir James Gordon of 
Park, Sir Ja. Dunbar of Durn, Bracco, Rothiemay, Glassaugh, 
Meyan, Troup, ffarskan, and Kirkhill, Bracco being chosen 
preses to the meeting. 

The Commissioners considered an execu°n and complaint given in 
by yr oversier agt the inhabitants of Portsoy and oyrs contd in the 
execu^n for their contempt, and neglecting to give due attendance to 
the reparation of the highways, after intimations were duely issued out 
and read at the severall Parish Churches wherein they live, giveing 
previous advertisement to them of the dayes they should attend. The 
Commrs adjourn the consideration of the same till this day seven night, 
and dispense wt the personall presence of those who have attended 
this day, and are marked pnt in the execution. The rest they appoint 
to attend that day ; and they appoint their oversier betwixt and the sd 
day to cite before [them] the haill persons wtin the shyre, who have 
been deficient from the highwayes since the 28th of May last ; and the 
Commrs furder appoint the oversier betwixt and the first of Jany next 
to get authentic lists of the inhabitants of each parish from the rexive 
session clerks, and to mark upon the said lists, when, where, and by 
whom the six dayes work appointed by law is performed, and to lay the 
sd lists before the Commrs. 

The Commrs ordered that a stone bridge should be built upon the 
Burn of ffortrie, under the direction of Edingight, Thomas Innes in 
Bracco and yr overseer, instead of a timber one formerly authorised. 

The said day Captain James Innes haveing [given] in ane account 
of the dayes he has attended in oversieing the highways, being fifty six 
dayes since the last time he was payed for that trouble, the Commrs 
find the same at the rate of fourty shillings Scots p. diem to the sum 
of one hundred and twelve pound Scots, which they appoint their 

T 2 



346 RECORDS OF THE COUNTY OF BANFF. 

Collr to pay him in compleat payt of all his bygone trouble in 
oversieing sd highways. 

At a meeting of the Commissioners of Supply on the 7th of October 
1726 : Present — Sir James Gordon, Sir Ja. Dunbar, Bracco, Mr. 
Dunbar, yor of Durn, and the Provest of Banff — Bracco preses. 

The said day Mr. Innes, oversier, appointed for oversieing the 
highways in the shyre, in obedience to the last appointment of the 
Commrs at yr last meeting gave in a second execution agt all those who 
have been deficient in giveing attendance to the reparation of the 
highways, and craved the Commissioners might take the same under 
their consideration, and which execution presently given in, wt the 
execution lykewayes agt those who were cited in the last dyet and 
ffailled to compear, being both called, the seall persons were found to 
have been absent, as marked upon a particular paper apart signed by 
the preses ; and the sd Commrs haveing duely considered the complaint 
given agt the sds deficients, they fine & amerciate each of the persons 
contained in the sd list subscrived by the preses in eighteen shilling 
Scots in terms of the act of Parliament, and that for yr deficiency and 
contemning the auttie of the Commrs in not compearing, and they 
ordain their readiest moveales may be poinded, untill paytt be made by 
each of ym of their rexive ifines, and for that end grant warrand to any 
of the Justices of Peace, Constables, and any Justice of Peace, or 
Sherriff ofiicier to putt the forsd sentence to due executn, in terms of 
the act of Parliatt, by poynding ye fornamed persons moveals to the 
avail of their fines : and the sd persons contained in the sds executns, 
who have either this or last dyet attended the court, they fine each of 
them in eighteen shilling Scots for their bypast neglect, but they 
superceed the executn or poynding them for the sds fines, till such tyme 
they are absent or refuse the giveing due attendance to the reparation 
of the highways for the ffuture ; and imm'ediately after any such 
contempt in time comeing they appoynt the fines of each of those who 
shall happen so to be absent, after intimations are duely issued by yr 
oversier for that effect, to be executed and aplyed in the manner as 
prescribed ; and they appoint the sds fines to be lodged in ther Clerks 
hands till yr furder orders, and the constables and officers to be payed 
for their trouble at the sight of Bracco. 



BRIDGE BUILDING. 347 

At a meeting of the Commissioners of Supply at Banff on the 20th 
day of October 1726 : Present — Sr Ja. Abercromby, Durn, 
Bracco, Glassaugh, Rothiemay, Rannes, Buckie, Bracco being 
chosen preses. 

The Commrs appoint Ja. EmsHe, quarier, to be payed whats due to 
him for repairing the highways, as Durn and Glassaugh shall certifie. 
And they lykewayes appoint their Collr to pay what remains due to the 
workmen for the cassie of Ternemny, as James Innes yr oversier shall 
draw precept on him therefore, which is to [be] the Collrs warrant. 
And it being represented that there is a cassie wanting at Milntoun of 
Rothiemay, the Commrs appoint their Collr to pay what may be 
necessary for that work upon Rothiemay and yr oversier precept. As 
lykewayes that their oversier and George Mackie and Jo. Miln at 
Boyndie shall give immediate orders for secureing and cassieing the 
Bridge at Boyndie, and that the charges yrof be payed upon their 
precept. They furder appoynt their sd oversier, Jo. Gordon of 
Drumquhindle, Wal. Ogilvie of Ardoch, Thos. Innes, Muryfold, Jo. 
Innes of Edengeith, and Wm. Ord in Kirktoun of Deskfoord, or any 
three of them, to call workmen and make ane estimate of ane bridge to 
be built at the three burn meetings in the head of Deskfoord; and 
they recommend to the oversier, the lairds of Buckie, Elder and 
Younger, Letterfourie and Rannes to view the Burn of Buckie, and 
make ane estimate of the charge it will be to make a sufficient stone 
bridge on the Burn of Buckie, and to lay the same before the Commrs 
at yr next meeting. 

William Duff, P. 

At a meeting of the Commissioners of Supply held on 6th June 
1727 : Present — Rannes, Ardmealie, the Provest of Banff, 
Balnoon, and Edengeith, and Wm. Duff, Rannes preses. 

A representation on behalf of the magistrates of Cullen that the 
meeting consider an estimate of four hundred and twenty-one pounds 
Scots for a bridge on the Burn of Cullen was continued. 

At the same meeting Balnoon, Ardmelie, Bognie, and Dauch were 
asked to report on a brigg upon the Burn of Inverkeithny, and the 
place most suitable for it. 



34^ RECORDS OF THE COUNTY OF BANFF. 

The Commissioners doe likewayes continue Captain Innes to be 
their oversier, and to be payd out of the highway money remaining in 
the Collrs. hands for what trouble he may be at ; and recommend to 
him to call out the country people, and continue to repair such of the 
roads in the shyre as he sees necessar. 

Cha. Hay, P. 

Charles and Andrew Hay of Rannas. 

Charles Hay of Rannas, eldest son of James Hay of Rannas,^ was 
born in 1688. The Sasines of Banffshire show that, on 26th May 1696, 
James Hay of Ranas got saising in lyfrent, and Charles Hay his sone in 
fie, of Woodsyde, Carnach and Scotstoune, Westersyde, Longshade, 
Lonhead, Rathven and seall touns lands and white fishings, Muldavid, 
Darbreich and Echries, and office of baillie of the said lands and 
patronage of Rathven and pertinents. Saising was given ult May 1697 
to Margaret Gordon, Ladie Ranas, of six chalders of victual yearly, 
during her lyftyme, out of the lands of Lonhead, Conlesland, Myriecrook 
and Longshead in Rathven parish, upon a right to her by John Hay of 
Ranas. That same year he married Helen, daughter of Dr. Andrew 
Fraser, Inverness; and on 8th August there is recorded a sasine in 
favour of Hellen Frazer, Lady Ranrias, securing a marriage provision. 

On 15th January 1710, James Hay, his father, was still alive, because 
that day he got sasine of the lands of Scotstoun and Carnoch. 
Charles Hay succeeded in 1710; for on 4th August 1710, sasine was 
given him upon ane precept of clare constat by James Earl of Seafield, 
the superior of the lands of Scotstoun and Carnoch in Rathven, in his 
favour. In other words, he was then served heir to his father in these 
lands. On 25th September 1712, in virtue of a precept of clare constat 
by Alexander Marquis of Huntly, Charles Hay was infeft in the lands 
of Darbreich in the barony of Muldavet, regality of Huntly, parish 
of Rathven. Neither his nor his father's names occur in the early 
sederunts of the county meetings between 1696 and 1726. In 
171 5, he and some other lairds in Rathven, with the populace, 
frustrated the induction of Mr. Gordon, a supporter of Revolution 
principles, as minister of Rathven. He was out in the Fifteen. 
His cousin. Hay, younger of Arnbath (Fordyce), whose father 
occasionally attended the county meetings prior to 1715, was also 

' See pp 30-1. 



CAPTAIN JAMES INNES, GENERAL OVERSEER. 349 

out in the Fifteen ; and was taken prisoner on 24th October 1715 at 
the skirmish at DunfermHne. The Sasines of Banffshire show these 
other entries regarding Rannas : — 4th Oct. 1718, Renunciation 
granted by James Hay in the Raphen, only law'^ son to the deceast 
James Hay of Inchgarvie in favour of Charles Hay of Rannas 
upon all and haill the toun and lands of Conage with ane piece 
of land called the muir aikers, with the milns of Raphen old and 
new. On 14th January 1719 James Cock, Town Clerk of Banff, 
renounced to Charles Hay the two oxgate lands of Carnoch in Rathven. 
On the 24th October 1720 his relative, John Hay of Muldavit, 
resigned in favour of Rannas as superior, the lands of Tarbreich, 
Rathven. On 20th October 1721 his relative, . John Hay of Echries, 
resigned in favour of Rannas an annual rent of one hundred and two 
pounds Scots out of the lands of Rannachie, Rathven. He died c. 1752. 
Rannas' son, Andrew Hay, younger, was born in 1713, and died in 
1789. The Banffshire Sasines show that on loth July 1733 Andrew 
Hay, yr. of Rannas, took sasine on the estate of Rannas on a crown 
charter which reserved the liferents of his father, Charles, and of 
his mother. He attended a county meeting on ist June 1742, and it 
is minuted that at that meeting he took the oath of allegiance to King 
George. He joined Prince Charlie in Forty-five according to his own 
statement in the month of October. After Culloden we find him 
petitioning the King for the Royal clemency. The Earl of Findlater 
and Seafield, writing from CuUen House on 4th November 1747, 
informs the Lord Justice Clerk that " Young Ranas escaped very 
narrowly from one of the houses that were searched." The estate of 
Rannas was ultimately acquired by the Earls of Findlater and Seafield. 
The Leith-Hays of Leith-hall, Aberdeenshire, now represent the Hays 
of Rannas through Mary Hay, daughter of Charles Hay of Rannas, 
and sister of this Andrew Hay, the last Hay to possess Rannas. 

Captain James Innes, General Overseer. 

At a meeting of the Commissioners of Supply held on 20th July 
1727 : Present — Bracco, Coll. Grant, Kinnardy, the Provest of Banff 
and Tullich — Bracco preses — Captain James Innes, yr., general overseer, 
was allowed a salary of one hundred pounds Scots per annum. We 
have seen that the general overseer had been serving the county as such 
since 1725. He is also designated in the minutes as "Coll Innes." 
Captain Innes, like the Clerk and Collector, was of the Edingight 
family. He served the county as general overseer of roads until 1745, 
and during that long period his services were variously appreciated. 



350 RECORDS OF THE COUNTY OF BANFF. 

At a meeting held on the 4th July 1728 : Present — The Laird of 
Troup, the Provest of Banff, Kinminity, Ardmeally, Achoynonie, 
Newtoun, Knockorth, Northfield, and Edengeith — Troup, and later 
Achoynonie, as Troup was necessary withdrawn, preses. 

Coll. Innes was continued overseer for the year ; and the Collector 
was directed to pay Ardmeallie ten pounds for defraying the cost of a 
bridge on the Burn of Crombie. 

Alexander Garden, Elder, of Troup. 

Alexander Garden ^ of Troup, sometimes designated Troup Elder, 
was succeeded c. 1733 by his son Alexander, often designated in the 
minutes Troup younger. He was a staunch supporter of the Revolution 
Settlement, and on 15th October 1702, took the oath of allegiance to Queen 
Anne. Before that date and after, he was assiduous in his attention to 
county business, and he presided at several of the county meetings, as 
on 9th December 1714. His known loyalty to the Hanoverian 
succession was such that, during the rising of the Fifteen, he was 
appointed a Deputy Lieutenant ; and on its suppression he was called 
on to preside at the first meeting of Commissioners of Supply 
held on 6th March 1716. That meeting recommended to Alexr. 
Gairdine, elder and younger of Troup, and Alexr. Abercrombie off 
Glassaugh, to prepair and draw up ane congratularie address to His 
Majestye King George suitable to the present happy juncture and 
postur off affaires. In 1720 he founded the village of Gardenstown. 
He presided at a meeting of the Commissioners of Supply on the 4th 
day of July 1728, and his signature of the minute that day, " Alexr. 
Gairdne," seems that of an old man compared with his writing in 
1702, 1714, and 1716. 

William Duff of Crombie. 

At a meeting held on the 6th of August 1728 : Present — Crombie, 
Ardmeallie, the Provest of Banff and Tillienaught — Crombie preses. 
Twenty pounds sterling were voted for the Bridge of Cullen before 
referred to, the san>e being considered a necessary work as being upon 
a public highway. 

William Duff^ of Crombie, Marnoch, born in 1706, was grandson of 
William Duff, Provost of Inverness, brother of Alexander Duff of 
Keithmore. His father, James, married Jean Meldrum, heiress of 

' See page 31. 
»"The Book of the Duffs," by A. & H Tayler, pp. 414-420. 



BRIDGE BUILDING. 35I 

Crombie, who died in 1709 and 1725 respectively. Crombie's sister, 
Mary Duff, was wife of Ardmeallie. He studied law, and was appointed 
Sheriff Depute first of Banffshire, and in 1748 of Ayrshire. He died 
in 1781. 

Bridge Building. 

At a meeting held on 15th November 1728: Present — Bracco, 
Ardmeallie, and Knockorth, Bracco, preses — the bridge at Inverkeithny 
before referred to was authorised as a necessary work. 

At a meeting of Commissioners of Supply held on 6th June 1729 : 
Present — Bracco, Achoynonie, Kinminity, Lesmurdie, elder and 
yr., Ardmeallie, the Provest of Banff, Tullich, Knockorth, 
Newtoun, Northfield, and Edengeith — Bracco preses. 

The highway money imposed. Five pounds sterling more were 
given to Balnoon to carry out the bridge at Inverkeithny. If more 
were required he was invited to renew his application. They appoint 
the Lairds of Carnousie, Pittendrich, Netherdales, Kinnairdy, and 
Turtries, together with the whole piarish of Inverkeithney, to transport 
the materials, stone, lime, and timber, for the compleating of the sd. 
bridge ; and Auchingoul and Balnoon were authorised to oversee the 
work. 

Another hundred pounds Scots were voted to Lesmurdy to complete 
the bridge at Blackwater. He was ordered also to repair the causay 
from Balvenie to Glenlivet. This is the first reference to any highway 
south of Keith and Boharm. 

The meeting authorised the Collector to advance to Mr. Rob. Duff, 
minister of Aberlour, any sum not exceeding five pound ster. for 
repairing the Bridge of Aberlour ; and to Pat Gordon of Aberlour any 
sum not exceeding thirty pounds Scots for making a causie and 
bullwark for keeping Spey of the road near to Aberlour and for 
building a small bridge there. 

A petition for a bridge on the Boyne below Culphine was remitted 
to Edengeith and Tho. Innes, with instructions to view the said burn 
and to consider what is to be the properest place for building the sd. 
bridge, so as to have it as near to the highway as possible, and to give 
^ne estimate of the charge ; and the meeting ordained the building of 
the same. 



352 RECORDS OF THE COUNTY OF BANFF. 

The meeting advanced twenty-seven pounds Scots to Sir Al. Reid of 
Barra to repair the Bridge of Forglen. 

Eight pounds were advanced to Al. Duif of Hatton for building 
half of the Bridge of Boynsmiln, the other half being paid by 
Aberdeenshire. 

Captain Innes was continued overseer at a salary of one hundred 
pounds Scots ; and the meeting recommend to him notice the highways 
and cassies allenary, and to be diligent, and to call out the countrey 
people as the law directs ; and that the sd. oversier is to take no concern 
wt, bridges. 

The Commissioners ordained the following roads to be repaired : — 

First : The road betwixt Banff and Keith and upwards — the words 
" and upwards " being interlined in the minute, indicating, it may be, 
that the roads south of Keith were rather unimportant. Second : the 
road from Banff to Strathboggie. They further ordered the poinding 
of those deficient in performing the statute labour. 

The Gordons of Aberlour. 

Patrick Gordon, younger of Aberlour, was a Letterfourie Gordon, 
a Roman Catholic, and a Jacobite. Young Aberlour actively engaged 
in the rising of the Fifteen. He was taken prisoner at Dunfermline 
on 24th September 1715, by a detachment of Colonel Cathcart's troops 
along with Mr. Hay, son of Arnbath. He succeeded his father, John, 
c. 1732. In the old House of Aberlour was found the following 
letter addressed to the then Laird of Aberlour by the Young 
Chevalier from Dalnacardoch in August 1745 : — " My Dear Gordon, — 
I am to be at , and trust to see you there, with as many men 

as you can raise to rally round the Royal Standard. — I am your 
faithfully, Charles E. Stewart." Like father like son. The laird 
kept out of the rising and the heir apparent went in. Patrick's son 
James responded to the call, and was out in the Forty-five. ^ 

Sir Alexander Reid of Barra was member of Parliament for the 
Elgin Burghs from 1710 to 1713. About this time, 1728, he married the 
widow of Lord Forglen, and was infeft in the lands of Forglen. Hence 
his interest in the Bridge of Ribra. 

At a meeting of the Commissioners of Supply held on 31st Octr. 
1729 : Present — Bracco, Rothiemay, Glassa, the Provest of 
Banff, and Ardmellie, Tillienaught, Bracco preses. Crombie 
and Bognie also present. 

' On 7th May 1746 it is recorded of him that " he has been in the country since Culloden 
battle, but lurking." 



THE BRIDGE OF BOYNE. 



353 



The state of the bridge at Cullen was again considered, and ten 
pounds more were ordered to be advanced for the building of the same. 

The same day the Commissioners find it necessary that a bridge be 
built on the Burn of Boyndie at the place commonly called Ladys 
Bridge, and vote ten pounds sterling money to George Mackie, ffactor 
to My Lord Deskfoord, for building of the sd. bridge. 

Five pounds sterling more were the same day voted for the bridge 
at Inverkeithny. 

Sd day, application being made by Generall Gordon and the oyr 
heritors of Aberchirder for a new bridge over the Burn of Achintoul, 
the Commrs. recommend to Generall Gordon, Bognie, Crombie and 
Ardmeallie, or any two of them, to consider what the charge of that 
bridge may be, to converse wt. workmen yranent, and to make out ane 
estimate of the same and to report to next meeting. 

William Duff, P. 

At a meeting of Commissioners of Supply held on gth June 1730 : 
Present — Bracco, Crombie, the Provest of Banff, Knockorth, 
Glassaugh — Bracco preses. 

The Commissioners continue Captain Innes as yr oversier, and allow 
him a hundred pound Scots for this years sallary upon this condition, 
that if the sd oversier is not giveing due attendance, that either he or 
Knockorth, who takes burden for him, shall ffurnish a sufficient man in 
his place, for oversieeing the reparation ; and they recomend that their 
oversier be more diligent than fformerly. 

The meeting allow to Aberlour fifty-two pounds Scots, in addition 
to the ninety pounds Scots formerly allowed, for the bridge and causey 
built by him and Mr. Robert Duff, on his lodging receipts. 

Edengeith and Thos. Innes made a report anent the Bridge of 
Boyne, signifying that they and Mr. Arthur Gordon of Law had agreed 
upon a proper place near to the highway twixt Banff and Keith for 
building the sd bridge, being at the ffoord as it passes twixt Culphine 
and Newmiln of Boyne, at the end of the of Badenspink; 

and the Commrs. appoynt the sds. Edengight, Sir Ja. Dunbar, Thos. 
Innes, Law and Tillienaught, or any three of ym, to make out ane 
estimate and ane agreement yranent, and to report to next meeting. 

The heritors of Aberchirder gave in a report and estimate of the 

u 2 



354 RECORDS OF THE COUNTY OF BANFF. 

charges that would be required for the bridge over the Burn of 
Achintoul, with a scheme of the sd. bridge. The Commissioners 
recomend to the sd. Gentlemen to agree wt. workmen and cary on the 
sd. work, and appoynt their Collr. to pay to Generall Gordon or 
Ardmeallie upon their receipt the sum of twenty ffive pound sterling in 
course. 

Crombie haveing represented that there were parts of the road 
twixt Auchintoul and Aberchirder in severall places impassable for 
want of causieing, the Commrs. recommend to Crombie to cause make 
out ane estimate of the charge, agree wt. workmen, and report to next 

meeting. 

Bracco named Convener. 

The Commrs. resolve and enact that in tyme comeing it shall not be 
in ye power of any two or three or more Commissioners to draw 
precepts on the Collr. for the highway money in tyme comeing, unless 
the same be done by the Commrs. at a generall meeting regularly 
called, and they discharge the Collr. ffrom answering any precepts that 
shall be oyrwayes, but prejudice alwayes of former warrands, which he 
is empowered to pay as formerly directed. And they name Bracco for 
yr Convener. 

At a meeting of Quarter Sessions held on 4th August 1730, 
which was subsequently turned into a meeting of Commissioners of 
Supply, under the presidency of Achoynonie: Present — Achoynonie, 
Tillienaught, Glassa, Muiryfold, Edengight and ye Provost of Banff. 

Glengerack gave in a petition wt. ane estimate for haveing a bridge 
upon the Burn of Glengerack, as being a very necessary work. In view 
of the resolution of last meeting, this work was recommended to next 
general meeting as a necessary one. 

Thomas Grant of Arndilly. 

Thomas Grant, or as he signs the minutes of such county meetings 
as he presided over, " Grantt," appears as laird of Achoynonie in 1710. 
The estate of Achoynonie, in the parish of Keith, previously belonged to 
a branch of the Gordon family. In 1667 John Gordon was laird ; and 
in the sederunts of the county meetings of 1697-8 the name of 
Alexander Gordon occurs as laird. Sir Alexander Innes of Coxton 
appears to have been proprietor in 1703. In April 1710 Thomas Grant 
designed " of Achoynonie," in the Kirk-session register of Keith, married 



BRIDGE BUILDING. 355 

Jean Sutherland, a grand-daughter of Alexander Sutherland of 
Kinminity, Keith. During the period embraced in this chapter he was 
one of the most influential gentlemen resident in the south half of the 
county, and performed much important work, presiding at three 
county meetings at least. With his Chief he supported the succession 
of George I. ; and was present at the meeting of Commissioners of 
Supply on 13th August 1714, when the cess was imposed, and measures 
were taken to preserve the peace of the county against an apprehended 
rising in the Highlands. In 1715 he was appointed a Deputy- 
Lieutenant of the County. He acquired Achoynonie in the lifetime of 
his father Walter,' 2nd laird of Arndilly.^^ He succeeded to Arndilly on 
his father's decease in 1720; and, on 3rd September 1722, he took sasine 
on it, with the proviso that it was redeemable by the laird of Grant. 
The same day he took sasine on the three fifth parts of the lands of 
Easter Galdwall and Arndillie, and also of the dauch lands of Achmades. 
During the rising of the Forty-five he was again a powerful supporter 
in the county of the Hanoverian succession. He died on the 25th day 
of November 1758, and was succeeded by his son, Colonel Alexander 
Grant. His representatives in the female line own the estate of 
Arndilly at the present time. 

Bridge Building. 
Banff, ist June 1731. — Sederunt of the Commissioners of Supply 

mett att Banff, vizt.: — Bracco, the Provest of Banff, Kinminity, 

Glassaugh, Edengight — Bracco preses. 
There being a petition presented by Glassaugh, signed by 
Rothiemay and Mayen, with ane estimate of the charge, desireing 
to have a bridge built over the Burn of Retanach, resolved that 
the same should lie over until next meeting. The Collector was 
instructed to make out a scheme and state of his accompts wt. respect 
to the highway money, that they may know what ffunds have been 
raisd since last clearance, and how the same has been aplyed; and 
likeways that he may be ready to lay before them the haill precepts and 
orders they have given for bridges and causies preceding this date, and 
thereafter resolve to consider how necessar the bridge pntly applyed for 
by the @ Gentlemen upon the Burn of Retanach may be, and to give 
directions accordingly. They also resolved that the overseer should 
give assistance with the work on bridges that are ordered to be built, so 
farr as it does not interrupt him in the attending and repairing the roads. 

' See pp. 288-9. ^ Sometimes written Ardalie. 



356 RECORDS OF THE COUNTY OF BANFF. 

Banff, May 17th 1732. — Sederunt of the Commis". of Supply of 

Banffshyre : Pnt. — Glassaugh, Edengight and the Provest of 

Banff — Provest Shand being chosen preses. 

They recommend to the Gentlemen formerly named or any quorum of 

them, to contract wt. work[m]en in the most ffrugal manner they can, 

and give directions as soon as possible for building the bridge over the 

Burn of Boyne at the place already agreed upon by the former report, 

and ordain the Collector to give them money upon their precepts for 

that end. 

They recomend Sir James Dunbar and Glassaugh to cause causey the 
piece of bad road near to the Bog Park leading to Cullen. 

The accounts of James Innes, late Treasurer of Cullen, in connection 
with the building of the bridge over the Burn of Cullen were approved. 

Banff, 2nd June 1733 years. — Meeting of the Commas, of Supply of 
Banffshyre : Present — Bracco, Achoynonie elder and yor., 
Kinnairdy, Melross, Glassaugh and Edengight — Bracco preses 
chosen. 

The Commissioners takeing to consideration the bridge applyed 
for upon the Burn of Drum, they in place of a timber bridge appoynt a 
stone bridge or arch on sd. burn, and allow ffive pound sterling for that 
work, to be payed to Achoynonie and Thomas Innes, and laid out at yr. 
direction. 

As to the bridge of Glengerack, they recomend in the meantyme 
to Glengerack to provide materials, and that he may give to the 
Commrs. at the Michaelmas Court ane estimat of the whole charge the 
bridge may cost, that the same may be ordered at next meeting. 

At this meeting there were considered applications for bridges at 
Burnend of Carnousie and on the Burn of Pathhead, and estimates 
were asked for next meeting. Kinnairdy applied for a stone instead of 
a wooden bridge over the Burn of Kinnairdy, and he was requested to 
give in an estimate of the same. 

The proposed bridge over the Boyne being neglected, a new 
committee, consisting of Glassaugh and Edengight, was appointed with 
the assistance of the oversier to agree wt. workmen, and cause cary on 
the work and to draw on the Collr. 



THE GORDONS OF GLENGERACK. 357 

Banff, 3rd June 1734 years : Present — Bracco, Glengerack, Meyan, 
Kinnairdy, Birkenboig yor., Glassaugh, Tillienaught, Ardmeallie, 
Edengight, the Provest of Banff — Bracco preses. 

The Commissioners of Supply direct the Collector to pay ninety- 
nine pounds to Kinnardy for the bridge built by him over the Burn of 
Kinnardy. 

Achoynonie, Edengight and Muryfauld having reported favourably 
on the proposed bridge over the Burn of Glengerack, the Commissioners 
find it to be a necessary work, and recomend to Glengerack to agree wt. 
workmen to build sd. bridge, allow ffifteen pound sterling to be paid to 
Glengerack for building sd. bridge, to witt one-third at commencement 
of the work, anoyr third when its half done, and the last moyety 
when its ffinished, but prejudice nevertheless to former orders on the 
Collector. 

At this meeting the Bridge of Boyne was ordered to be built wtout 
lose of tyme ; and the Bridge of Boyndie was ordered to be repaired. 

The Commrs. appoynt that yr oversier in the first place make out 
the road of the Knockhill, and yrafter that he clean and repair the 
road twixt Banff and Cullen. 

The Gordons of Glengerack. 

"Glengerack" was Alexander Gordon, son of Charles Gordon ^ 
and Margaret Duff, daughter of Alexander of Bracco. The father, 
Charles, who succeeded in 1692, took an active part in county 
government. He first appears in the sederunt of a County Meeting 
held at Cullen on the last day of February 1699. On 5th May 1702, 
at a meeting of Commissioners of Supply, he took and subscribed the 
oaths of allegiance and assurance to Queen Anne ; and his signature is 
that of one accustomed to write. He died in June 1712. 

The Keith registers of baptisms shew that Alexander, who succeeded, 
was born in 1698. He was out in the Fifteen, frugally armed with a 
sword, which had earlier that year been consigned as a pledge by 
two parishioners of Keith, who were proclaimed but did not marry ! 
On 27th January 1721, in a process before the Kirk-session of 
Keith regarding the space in the Parish Church effeiring to his 
estate, he stated that he was " but lately come to be major." 
That year he married, at Inchdrewer, Helen Lauder, widow of 
George, 4th Lord Banff. He took an active interest in county affairs, 
and was active in improving the roads and bridges in his parish. The 
local tradition is that, in the decaying fortunes of his house, with a 

' See pp. 43-44. 



358 RECORDS OF THE COUNTY OF BANFF. 

number of spirited young men from his native parish of Keith, he 
joined the King's forces abroad, and fell at Fontenoy in 1745. He is 
said to have been succeeded in 1745 by his brother William, who died 
soon thereafter. On 3rd October 1746, the only surviving brother, 
George, who was born in 17 10, was served heir male in special to his 
father Charles in Glengerack ; and later, on loth November 1746, he 
took sasine thereon. He did not long survive. With his death, 
survived by three sisters, the heirs male of the marriage of Charles 
Gordon and Helen Duff failed, and in terms of their marriage contract, 
dated 15th November 1694, and recorded 29th February 1748, the 
succession to Glengerack fell to his other heirs male. That heir male 
was Charles Gordon, merchant in Brechin, who was, on 7th March 
1748, served heir male, and of provision of the said marriage contract 
to his grand uncle, Charles Gordon of Glengerack. On 25th August 
1748, the surviving sisters, viz., Margaret, Katherine and Magdaline 
were served heirs portioners, in the barony of Glengerack, to their 
brother George Gordon, who died in May or June 1747. They took 
sasine thereon on 5th October 1748. After a reference to arbitration 
of their claims to the estate personal and real of their brother George 
Gordon, dated loth, 12th and 17th May 1748, in which their cousin Charles 
Gordon was successful, they on i8th May 1748 conveyed Glengerack to 
him, who had meantime, on 17th March 1748, sold the lands and barony 
of Glengerack to William Duff, Baron Braco. 

Banff, 12th June 1735. — Meeting of the Commissioners of Supply: 

Present — Sir William Gordon of Park, William Duff of 

Bracco, Glengerroch, Ardmeallie, Glassaugh, Colleonard, 

William Duff of Whitehill, Robert Innes of Culvie, Edingight 

and Alexr. Innes of Whitehill — Bracco preses. 

The Commissioners continue Captain James Innes as overseer of 

the highways, and allow him the same sallary, with this difference, that 

they referr to the next meeting if he shall have ffifty merks more of an 

addition to the former sallary for his trouble. 

The Commissioners haveing considered the vouchers given in by 
George Hay of Gavill of the money he got to expend upon the Bridges 
of Inverugie and Gavil, they find he has laid out the same in the way 
designed, and ordain Provest Fordyce obligement and his to be delivered 
up and cancelled. 

The Commissioners order twenty punds Scots to be given Ardmeallie 
for the causieing on the road betwixt Crombie and Culvie, and the 
like sum of twenty punds Scots to be given Edingight for causieing on 
the worst places of the road on the Knockhill betwixt Banff and Keith. 



BRIDGE ON BURN OF BOYNE AT TILLYNAUGHT. 359 

The Commissioners at next meeting adopted a new principle in 
connection with the building of bridges, and resolved that whoever 
thereafter applied for a part of the highway money for building any 
bridge within the shire should be obliged to uphold the same for the 
space of twenty years upon their own charges. 

Banff, 5th August 1735. — Meeting of Commissioners in consequence 
of the adjournment at last Generall Meeting : Present — Sir 
Robert Abercromby, Sir James Dunbar, the Provost of Banff, 
William Dunbar younger of Durn, Ardmealie, Glassaugh, 
"William Gordon of Farskan, Colleonard, William Gordon of 
Craibstoun, Archibald Dunbar of Tillienaught, James Ogilvie 
of Loggie, Walter Ogilvie of Badenspink — Birkenbog preses. 

The saids Commissioners haveing taken under their consideration 
what is the proper place upon the Burn of Boyne to build a bridge, and 
how farr that work is necessary, they ffind that its very necessary to 
have a bridge on the said burn, and that the proper place of building 
the same is at the ffoord below the house of Tillienaught, being the 
common highway, att which place they ordain the same to be built ; 
and they appoint and recomend to Sir James Dunbar, Tillienaught, 
Walter Ogilvie of Badenspink and Peter Lorimer, ffactor to the Earl 
of ffindlater, or any two of them, to contract with workmen for 
building the said bridge, and give all necessar directions thereanent ; 
and, as it will be a very large bridge as appears by a plan of it, they 
impower the said gentlemen to contract to the extent of thirty pounds 
sterling for compleating the bridge, caussies, and everything necessary 
about it, but for no higher sum ; . . . . and they recomend to 
the said gentlemen to bind the meason for upholding his work for a 
certain number of years as they shall see convenient, that the work 
may be made sufficient. 

The Commissioners authorised the building of a bridge upon the 
Burn of Glassaugh at the foord of Clayland, being the highway betwixt 
Banff and Cullen, under the direction of James Abercromby of 
Glassaugh, who undertook to uphold the same for twenty years, and of 
Sir Robert Abercromby and Sir James Dunbar. 

The Commissioners iifind it very necessary to have a caussy made 
out in the moss of Whitehouse as the common road leads to Cullen, 
and vote forty shillings to Sir Robert Abercrombie for the work. 



360 RECORDS OF THE COUNTY OF BANFF. 

In the sederunt of Commissioners of Supply held on 3rd October 
1735, we have the first appearance of the Laird of Bracco's new title. He 
had been raised to the Irish peerage on 28th July 1735 ^s Baron Braco, 
and though his title is written " Bracco " in this sederunt, he invariably 
signed the minutes of the meetings he presided over " Braco." 

That day Captain James Innes, the overseer, allowed fifty merks Scots 
additional sallary for the year only, the increase not to be considered a 
precedent. 

Glengarrock reported that the bridge over the Burn of Glengarrock 
was finished at an outlay of five pounds more than the fifteen pounds 
formerly voted him. The extra five pounds were voted him. 

The Commissioners ordain twenty-three pounds Scots to be paid to 
Thomas Innes of Muiryfauld for the causeway already made out by 
him at Nethermiln. 

Banff, 4th June 1736. — 

Captain Innes continued overseer at the same salary as he had last 
year, viz., two hundred merks Scots. 

The meeting authorised the building of a bridge over the Burn of 
Retanach, being on a public road, and allowed James Ogilvie of 
Rothiemay any sum not exceeding ten pounds sterling to carrj- on the 
work, which was placed under the direction of Rothiemay and 
Ardmeallie. 

The Collector was authorised to pay into George Robertson at Miln 
of Ribra six pounds Scots additional expended by him in building a 
bridge over the Burn of Rebra. 

Banff, 26th May 1737, in a meeting of Commissioners of Supply, 

Sederunt : — Sir Robert Abercromby of Birkenbog, Patrick 

Gordon of Ardmeallie, William Leslie of Melross, John Innes of 

Edingight, George Joass of Colleonard,' Robert Innes of Culvie, 

Alexr. Innes, Provost of Banff, and James Innes, Eldest Baillie 

of Banff for the time, William Duff of Whitehill — Ardmeallie 

preses. 

Archibald Dunbar of Tillienaught produced a contract entred into 

betwixt him. Sir James Dunbar of Durn, Walter Ogilvie of Culphin 

and Patrick Lorimer, chamberlaine to the Earle of ffindlater, on the 



MAJOR-GENERAL GORDON AND AUCHINTOUL BRIDGE. 361 

one part, and Alexander and William Hectors measons on the 5yr part, 
for building a bridge over the Burn of Boynd near to Tillienaught, 
whereby they were bound in name of the shire to pay to the said 
Alexander and William Hector ffive hundred merks Scots for building 
said bridge, and which is now built, and the said sum paid as appears by 
the recept on the foot of the said contract by the said William Hector 
to the said Archibald Dunbar; as also Tillienaught represented that he 
had paid twenty merks Scots to the constable for services p. recept 
with ffour punds Scots of incidents anent said bridge, making in all 
three hundred and ffifty punds thirteen shillings and four pennies Scots. 
The Commissioners therefore approve of what Sir James Dunbar, 
Tillienaught and the oyr gentlemen concerned have done in that 
matter, exoner Tillienaught of the said sum received by him from the 
Collector, and ordain the same to be allowed to the said Alexr. Innes 
[the Collector] in his accompts. 

An estimate of the cost of the bridge at Burnend in fforglane, 
amounting to eight pounds four shillings and fourpence sterling, was 
given in ; and the Collector was ordered to pay the same to Arthur 
Gordon of Carnousie. 

Payment of twelve pounds twelve shillings sterling was ordered to 
be made to Captain George Grant or Robert Grant of Tamore for 
repairing bridges and highways in Inveravin. 

Major-General Gordon and Auchintoul Bridge. 

The meeting of Commissioners of Supply held on 30th September 
1737 is chiefly notable on account of the appearance of Major- 
General Gordon of Auchintoul at the County Meeting. The bridge 
on the Auchintoul burn, to supervise the building of which he 
had been appointed on 31st October 1728 an overseer, had been 
damaged by a spate, and the General seems to have come out of his 
long retirement to attend to this matter, which was of interest to his 
native parish. There were present : — Lord Braco, Major Generall 
Gordon, Glassaugh, Crombie, Ardmeallie, Montblairie, Colleonard — 
Lord Braco preses. 

Ardmeallie represented that one of the arches of the Bridge of 
Auchintoul having lately failled by a violent speat, by which the haill 
bridge was in hazard, and that he to prevent further damnage had 
imployed William Hector meason to repair the same, at a cost of 

V 2 



362 RECORDS OF THE COUNTY OF BANFF. 

ffourty-seven punds three shillings four pennies Scots, the Commis- 
sioners, keeping in view the resolution of 9th June 1730, because they 
are not sufficiently empowered to dispose of any highway money at a 
meeting of this kind, recommend to next Generall Meeting to consider 
of this accompt among the first things. 

The Commissioners recommend to Coll. Innes, overseer of the 
highways, to call in and receive the haill gavelocks and tools belonging 
to the shire, and have them all in Banff against next general meeting ; 
and if any person who are possest of any of them refuse to deliver 
them up, they recommend to their said overseer to prosecute them 
before the Justices. 

At a meeting of Commissioners of Supply held on 26th May 1738 : 
Present — Lord Braco, Glassaugh, Carnousie, Montblairy, 
Glengarrock, Meyan younger, Edingeith, Ardmeallie, Melross, 
Colleonard, Bogg, John Ord of Findochtie as eldest Baillie of 
Cullen, Sir William Dunbar of Durn, William Duff of 
Whitehill — Lord Braco preses. 
Captain James Innes, overseer, allowed the sum of three hundred 
merks Scots of sallary for his pains trouble and attendance. 

Ardmeallie allowed his expenditure in rebuilding the Bridge of 
Auchintoul referred to in the minute of meeting of 30th September 

1737- 

A proposed bridge over the Burn of Pathhead, formerly resolved 
upon and lying over for want of a proper estimate, was ordered to be 
built, Montblairie, Carnousie and Bogg being instructed to contract 
with workmen for the same. 

Repairs ordered at a sum not exceeding five pounds sterling for 
causys and a small arch in the Petterden road, under the direction of 
Glassaugh and Ardmeallie. 

Lord Banff applied for a bridge over the Burn of Blacktown [Alvah] . 
The Commissioners ffind it to be a necessary work, and recomend to 
Ardmeallie and Bogg to make out an estimate of the charge it will cost, 
to be laid before next meeting. 

This meeting relaxed the strict resolution of date gth June 1730, 
enacting that in tyme comeing it shall not be in the power of any two 
or three or more Commissioners to draw precepts on the Coll'', 
for the highway money, unless the same be done by the Commrs. 
at a Generall Meeting regularly called ; and reverted to the laxer 
practice prevailing before that time. 



ENCROACHMENTS UPON PUBLIC ROADS. 363 

The Commissioners impower Captain Innes, the overseer, to make 
causys in the pubHck roads, wherever he ffinds the same absolutely 
necessary, without application to the Commissrs ; the work when 
finished to be viewed and attested by any two Commissioners next 
adjacent, and with which the overseers precept on the Collr. is declared 
sufficient warrand for him to pay the charge of the same. 

On a representation that one of the arches of the bridge at Tilly- 
naught had already failled, and that the bridge [was] like to go to ruin, 
the meeting appointed Alexr. Rhind and George Fath measons to go 
and view said bridge, and consider how farr the measons who were 
imployed in building said bridge have done their work sufficiently, 
and whether or not there be a right ffoundation, and to make report 
what may be the reason of the said bridge failling so soon, and 
what it may cost to repair the same ; and in the meantime recom- 
mend to the gentlemen who are named overseers for building the said 
bridge to cause prosecute Hectors before the Justices of Peace to 
answer for their conduct and any neglect or insufficiency that may 
appear in building said bridge. This to be done on the shires charges ; 
and they discharge the said Hectors from being imployed in any 
publick work in the shire untill they repair said bridge, if it appear the 
same has failed by the insufficiency of their work. 

The overseer was directed to prosecute anyone encroaching on the 
public highways. 

At a Justice of Peace Court held on the 31st May 1738. — 
Alexander Rhind and George ffaath, masons in Banff, gave in a 
report that the building of the Bridge at Tillienaught was sufficient, 
had the channel of the burn been shoed or causied. The matter was 
continued to the Michaelmas Head Court. 

Coll. Innes, overseer of highways, gave in a complaint, representing 
that severall tennants of the Earl of ffindlater. Sir Alexr. Reids and 
Rothimays had much encroached upon the highways, and that in some 
places the roads were scarce five foot broad, and the transgressors being 
cited to this day and compearing, there was a missive letter produced 
from Patrick Lorimer, ffactor to the Earl of ffindlater, promising that 
the whole roads within the Earls estate should be made at least twenty 
foot broad as the law directs, and that Coll. Innes had taken burden 



364 RECORDS OF THE COUNTY OF BANFF. 

upon him for Rothimay, and Montblairie for Sir Alexr. Reids tennants, 
that they should do the same. The Justices therefor continue the 
complaint agt all these persons untill the Michaelmas Head Court, and 
ordain Coll. Innes to give in a report against that time of such persons 
as are deficient, and likeways agt those that refuse to come out when 
called on to repair the highways. 

Bridge at Balvenie upon the Water of Fiddich. 

Lord Braco, who had large interests in Mortlach, in 1724-25 built 
as his residence there the House of Balvenie. The bridge referred to 
in next minute, and called in the minute of the Michaelmas meeting 
of the Commissioners of Supply of 1742 " the Bridge of Balveny," was 
built within a few hundred yards of his House of Balvenie, and would 
afford easier access to it and to the county west of the Fiddich. The 
bridge was most likely built near the site of the present " Toll Brig," 
which has replaced it. 

At Banff the fifth day of June 1739, Meeting of Commissioners of 
Supply of Banffshire : Present — The Right Honourable Lord 
Braco, Glassaugh, Achynanie, Glengarock, Lesmurdies Elder 
and Younger, William Duff of Whitehill, Newton, Edingeith, 
Culvie, Badenspink, Colleonard, Bogg, Provost of Banff, and 
James Innes eldest Bailie, Ardmely, Melross and Kininvie, 
who unanimously made choice of Lord Braco, preses. 
Captain James Innes continued overseer at his former salary of 
three hundred merks. 

Said day there was a petition given in in name of Lord Braco and 
other heritors within Morthch parish, setting furth that its very 
necessary to have a bridge upon the watter of Fiddich a little below 
Tininver, and craveing that a proper sume may be ordered for building 
thereof. The Commissioners find that to be a necessary work, and 
ordain their Collector to answer in the meantime as funds comes to his 
hand the sume of twenty pounds sterline to Achoynanie, Lesmurdies 
elder and younger, Kininvy and Alexr. Gordon of Keithmore, ffactor to 
His Grace the Duke of Gordon, or any two of them upon their precepts, 
with power to them, or any two as said is, to contract with workmen, 
and make the most frugall bargains they can, and carry on the work, 
and to report to the Commissioners what further sume it may take to 
finish said bridge. 



. BRIDGE OF AVEN IN KIRKMICHAEL. 365 

The same meeting, having Hkeways considered a petition in name of 
the heritors and inhabitants of the parish of Kirkmichaell, setting furth 
that they had raised private contributions and other funds for building a 
bridge over the water of Aven in their parish, that they never received 
any of the highway money within the parish, therefore craving the 
Commissioners might order a sume for compleating said bridge and 
paying up the workmen, the Commissioners ordain the Collector to pay 
to Thomas Gordon of Fotherlater and Peter Constable the petitioners 
in name of the said parish the sume of two hundred merks Scots, upon 
account of sd. work, upon the recept and oblidgement to apply the same 
duely, and satisfie the Commissioners thereof. 

The Commissioners the same day appoint the sume of two pound 
sterline to Glassaugh and Peter Lorimer, ffactor to the Lord Findlater, 
for repairing the Bridge of Boyn upon their receipt and showing how 
its applyed. 

They also recomend to Peter Lorimer and James Mill to repair the 
Bridges of Boyndie and Boyn, and upon being attested by the overseer, 
the Collector to answer the charge. But the charge of leading stones 
sand or lime not to be reckoned on. 

The overseer is hereby appointed as he has occasion from time 
to time to call in people to repair the roads, that such as neglect to 
come in after being regularly called by intimation at the church, that 
wherever the same may happen he apply to the next Justice of Peace 
to have deficients fined, and the fine levied summarily in terms of law, 
the overseer being always accountable for the fines he receives. 

The exact spot where the bridge on the Aven was built — and from 
the minute we may fairly infer that it was built — one can hardly say 
without extraneous evidence. The bridge would be on some established 
route, and as Gordon of Fodderletter particularly interested himself in 
its erection, it may have been built near Fodderletter, and near the 
point where the present bridge at Campdelmore carries the road from 
Corgarff to the Spey at Grantown by way of the Lecht and Glen 
Brown. If that is so, it could not have stood long, for we find from a 
description of that road in Allardyce's " Historical Papers,"^ under date 
gth July 1747, that the crossing of the Aven in that district is called "the 
Foord of Carnagovall." Later, in 1749, in a Military Report, also quoted 

' "Historical Papers," Vol. II., New Spalding Club, pp. 504-8 and 54.5. 



366 RECORDS OF THE COUNTY OF BANFF. 

by Allardyce, the following description is given of the same line of 
road: — "It afterwards rises over a High Mountain, calld Lecht, falls 
down and crosses the Burn of Lecht, goes down the side of a burn 
called Canglas about two miles, and after crossing the ford of 
Carnagoval on the River Awn (where there is a pass calld the pass 
of Carnagoval, near which, at a place calld Kamdillvaih, old Glen 
Buckett's house stood), it passes through a little wood and enters on 
Glen Brown." In 1754 ^^e Companies of the 33rd Regiment under 
Colonel Lord Charles Hay made out the road from Lecht to the Spey 
at Grantown. An inscription on a well at the roadside on the Lecht 
bears this out ; and Shaw, a contemporary, in his " Province of Moray," 
records that "above the Church of Kirkmichael is Ruthven-Camdale, 
where, in 1754, a bridge of three arches was built over the river on 
the military road." Sir T. Dick Lauder, who visited the place in 1830 
in search of material for his " Moray Floods," recounts that " the old 
Bridge of Campdale, built by General Wade, of two arches of 48 and 
20 feet span, had the smaller one carried off, a circumstance that saved 
the larger." Shaw seems wrong in stating that the bridge had three 
arches, and Dick Lauder would seemingly have been more correct if 
he had given Colonel Hay the credit of building the bridge. 

Banff, the 31st of May 1740 years at a meeting of the Commissioners 
of Supply held by Lord Bracco, Ardmeallie, Muryfold, Meyan 
yr., Monblairy, William Duff of Whitehill, the Eldest Baillie of 
Banff, Carnousie, Glassaugh, Melross, Colleonard, Edengight. 

The Bridge of Balvenie. 

The Commissioners haveing considered a plan laid before them of a 
bridge intended to be built upon the watter of ffiddich, which was found 
to be necessary at last meeting, the charge yrof by sd. plan being ffourty 
pound sterling, they ordain the sd. bridge to be built, and the sd. sum 
of ffourty pound sterling to be paid to Alexr. Stuart of Lessmurdie from 
time to tyme, as he shall draw precepts for carying on the sd. work, 
after yr. Collr. has answered former orders and draughts ; having hereby 
named the sd. Alexr. Stuart oversier for carying on sd. work, and in the 
meantyme the Lord Bracco enacts himself, that after the sd. Bridge is 
built and the forsaid sum laid out yron, to uphold the same on his 
Lordships charges for the space of twenty years. 



the bridge of balvenie. 367 

Encroachments upon Public Roads. 

The Commissioners recomend to yr. oversier to issue out ane 
advertisement in every parish requireing that the pubHck roads where 
they are too narrow may be rectified and helped ; and afterwards, if the 
same is neglected, that he apply to the Justices of Peace and heretors 
to have the same done in terms of law. 

The Commissioners recomend to the oversier to call in for the haill 
tools belonging to the shyre, and bring them to Banff betwixt and the 
first day of August, and ordain the oversier to prosecute all persons 
before the Justices of Peace who refuse to deliver up the same. 

On ist June 1742, the Commissioners recommended to a Committee 
named to receive a petition of George Gordon of Buckie and other 
heritors of Rathven for building bridges over the Burns of Buckie and 
Tynet, and to order a part of the highway money for that purpose. 

Banff, the nineteenth day of June one thousand seven hundred and 
fourty two years, conveened the following gentlemen Commis- 
sioners of Supply of Banffshire, vizt. : — Patrick Gordon of 
Ardmeallie, John Innes of Edingight, John Innes of Edingight 
younger, William Leslie of Melross, George Joass of Colleonard, 
John Ogilvie, Baillie of the Regality of Ogilvie, Thomas Stuart 
of Bogg, Alexr. Innes, Provost of the Burgh of Banff for the 
time, George Abernethie, Eldest Baillie for the said Burgh for 
the time, as a Committee of the Commissioners of Banffshire. 

As George Gordon of Buckie and the heritors of Raffan had not 
given in an estimate of the charge that would be necessary for building 
the bridges over the Burns of Buckie and Tynet, consideration of the 
matter was continued to the meeting in August. 

The Bridge of Balvenie. 
Thereafter, William Leslie of Melross represented that the bridge, 
which the Commissioners formerly ordered to be built over Fiddich, 
and for which ffourty pounds sterling is appointed to be paid for 
defraying the charges thereof, was now built and finisht, but that it v/as 
still necessary to have a causyway and arch on the north side of said 
bridge for giveing more easy access thereto in time of speats, and for 
which it will cost about ten pounds sterling: They therefore recommend 
to Melross, Lesmurdie and Tullich, or any of them, to contract for said 



3^8 RECORDS OF THE COUNTY OF BANFF. 

work for any sum not exceeding ten pounds for carrying on the same, 
which the contractors are to advance in the meantime till the shires 
funds answer ; and they hereby ordain that the same may be paid out 
of the highway money after all former orders are satisfied, and after 
paying in to Buckie and heretors of Raffan what will be sufficient for 
defraying the charges of building the two small bridges on the Burns of 
Buckie and Tynet, which they ordain to have the preferrence as being 
first applyed for, and that there was never any highway money given 
formerly for building bridges or repairing highways in the Enzie. 

Bridges of Buckie and Tynet. 

Banff, 1st Octo^ 1742, att a meeting of the Commissioners of Supply 
of Banff County: Present — Sir Robert Abercrombie, Ardmeallie, 
The Provost and Eldest Baillie of Banff, John Ogilvie, Baillie 
of the Regality of Ogilvie. — Sir Robert Abercrombie, preses. 

The Commissioners having considered a letter from George Gordon 
of Buckie anent the charges and some necessarys for building a bridge 
over the Burn of Buckie, with letter from John Chalmers, meason, 
directed to Buckie, showing that he had made ane estimate of what 
the said bridge may cost, which must be twenty foot of an arch in 
widness betwixt the land stools, nine foot on the top betwixt the revels, 
and that it will require the sum of twenty pounds sterling for that 
purpose, the undertaker furnishing wood lime stones iron and workman- 
ship, the country answering for the carriage of all materialls. 

The Commissioners having considered the said application from 
Buckie and oyr. heritors of the Enzie, and knowing the sd. bridge to be 
absolutely necessary, they appoint their Collector to pay to George 
Gordon of Buckie, as soon as money can answer after paying the Bridge 
of Balveny according to former minutes, any sum from time to time 
for carrying on the work not exceeding twenty pounds sterling upon the 
said George Gordon his draughts, which is hereby declared to be 
sufficient to the Collector; and they recommend to him to contract with 
a workman for building said bridge, to give the necessary directions yr. 
anent, and that he may take the meason contracting bound to uphold 
the work for at least twenty years according to the former resolution of 

the Commissioners. 

Robert Abercromby. 



THE BRIDGE OF BALVENIE. 369 

Banff, i8th May 1743. Att a meeting of Commissioners of Supply of 
Banff County: Conveened — Sir Alexr. Reid of Barra, John Innes 
of Edingight, John Gordon, Baillie of the Regallity of Enzie, 
George Joass of Colleonard, Patrick Gordon of Ardmeallie, 
John Ord of fifindochtie, Eldest Baillie of Cullen, William 
Leslie of Melross, Alexr. Keith of Northfield, Alexr. Gordon of 
Whiteley, James Chalmers of Bellnellan, John Ogilvie, Baillie 
of the Regallity of Ogilvie, Mr. Alex. Chalmers of Clunie, 
Walter Ogilvie of Badenspink, William Ogilvie, Baillie of the 
Regallity of Strathisla, James Innes, Eldest Baillie of Banff, 
Alex. Gordon of Muiraik, John Innes, younger of Edingight, 
Patrick Duff of Whitehill, Robert Innes of Culvie, John 
Johnstown of Elrick, Alex. Innes, Provost of Banff, and Alex. 
Abernethie of Corskie, who unanimouslie made choice of 
Patrick Gordon of Ardmeallie to be preses. 
Mr. Leslie of Melross produced a declaration under the hand of 
Alexander Stuart of Lessmurdie and James Leslie of Kinninvie, dated 
in October last, testifying that they, in consequence of the Commissrs 
order in June last, had aggreed with John Mackonachie meason for 
putting up two additionall arches to the bridge lately built over the 
water of ffiddich, and that the said additionall arches are now suffi- 
ciently built and put up, for which they aggreed, in name of Lord 
Braco, to pay him ten pounds stg. therefore, and which in name of his 
Lop. is paid to him accordingly. The Commissioners therefore appoint 
the Collector to pay the said sum of Ten pounds sterling to Lord Braco. 
John Ord of ffindochtie produced a representation from Alexr. Grant 
of Tochieniel, as ffactor to the Earle of ffindlater, shewing that there is 
still some more causey necessary upon the high road betwixt Birkenbogg 
and Cullen in the Moss of Whitehouse, as also in the Brae of 
Garronhead in the highway betwixt Banff and Cullen. They therefore 
appoint the said Alex. Innes preferable to all orders to pay to the said 
Alexr. Grant any sum not exceeding thirty-six pounds ten shillings 
Scots for causeying at the said required places, and impower him and 
ffindochtie with their overseer to give directions yr anent, and to certifie 
the same when finished, and that ye said Alexr. Grant his recept for 
the money expended shall be a sufficient instruction for the Collector. 

Pet. Gordone P. 
w 2 



370 RECORDS OF THE COUNTY OF BANFF. 

Banff, 17th May 1744. Att a meeting of Commissioners of Supply 
of the County of Banff: Present — Patrick Gordon of Ardmeallie, 
John Innes of Edingight, John Innes of Edingight, younger, 
WilHam Leslie of Melross, George Joass of Colleonard, John 
Ogilvie, Baillie of the Regality of Ogilvie, Walter Ogilvie of 
Badenspink, Alexr. Hary Gordon of Muiraik, Mr. Alexr. Chalmers, 
minister of the Gospell at Marnoch heretor of Clunie, Alexr. 
Innes, Provost of Banff, James Innes, Eldest Baillie of Banff, 
Ardmeallie chosen preses, present also, Robert Innes of Culvie 
and John Johnstown of Elrick. 

Ardmeallie produced a contract betwixt Lessmurdie and Kinninvie 
and workmen for building the new addition and causie, which was 
ordered at the Bridge of ffiddich, as also a declaration by the said 
gentlemen that the work was finished and compleat, the charge whereof 
amounted to ten pounds sterling. They therefore appoint the Collector 
to pay the same out of the highway money to Lessmurdie, and to take 
his discharge therefore, which shall be a sufficient instruction for the 
Collector. 

They likeways ffind that Lord Braco has necessarily laid out the 
sum of seven pounds eleven shillings sterling for a bridge over the 
Burn of Rattannach and a causy adjoining to it of three hundred elns, 
being a publick road. They approve of said work, and appoint their 
Collector to pay said sum to his Lop. as soon as funds can answer, 
after paying to Buckie and the oyr. heretors of Raffan what is formerly 
appointed to be paid them for building bridge over the Burn of Buckie. 

They ffurther recomend to Sir William Gordon of Park, Ardmeallie 
and Culvie and Mr. Chalmers, or any two of them, to inspect the 
publick road that passes by Culvie to the Boat of Aberchirder, and to 
appoint such places to be causyed on said road as they shall see 
absolutely necessary, and they empower Culvie 'to imploy workmen and 
pay them at the sight of the above gentlemen or any two of them after 
the work is finished; and they ordain their Collector to repay Culvie 
any sum advanced by him on that account as soon as funds answer, 
after paying the above orders already mentioned to Lessmurdie, 
Buckie and Lord Braco. 

Pet. Gordone, P. 



SIR WILLIAM GORDON OF PARK, CONVENER. 37I 

Att Banff the seventeenth day of May one thousand seven hundred 
and fourty five years : Conveened the following gentlemen, 
Commissioners of Supply of the County of Banff — Sir Robert 
Abercrombie of Birkenbogg, Sir William Gordon of Park, Sir 
Alexr. Reid of Barra, Arthur Gordon of Carnousie, Peter Gordon 
of Ardmeallie, James Reid, younger of Barra, Peter Duff of 
Whitehill, John Innes of Edingight, John Innes of Edingight, 
yor., James Innes, Provost of Banff, Robert Innes of Culvie, 
George Joass of Colleonard, Alexr. Hary Gordon of Muiraik, 
George Abernethie, Eldest Baillie of Banff, Alex. Innes of 
Rosieburn, James Ogilvie of Melross. 

Sir William Gordon of Park, the preses of the meeting, named their 
Convener for the current year. 

Thereafter the Commissioners, upon the application of Edengight, 
ordained their Collector to give him upon recept ffourty shillings 
sterling for repairing the Bridges of Grange and Fortrie, and that he 
may report to next meeting how the same has been applyed. 

They also find that there was an application in the year 1738 for 
having a bridge built over the Burn of Blacktown, at which time the 
Commissioners found that to be a necessary work ; but as nothing 
ffurther has been done since that time, they now appoint that bridge to 
be first built ; and as the charge cannot be immediately ascertained, 
they recommend to and authorise Carnousie, Ardmeallie and the forsd. 
James and Alexr. Inneses, or any two of them, to pitch upon a proper 
place for building said bridge, to contract with measons and other 
workmen yrfore in as frugall a manner as possible, and to cause execute 
the said work with all convenient dilligence, and for that end to draw 
upon the Collector for what money may be necessary from time to time 
for carrying on the work, which he is hereby impowered to answer, and 
the same shall be allowed him. 

Encroachments upon Public Roads. 

The Commissioners again repeated their warnings against the failure 
of the people to give the statute labour and against encroachments on 
the roads. They appoint their Collector to adject to his intimations 
for the cess, that its their express orders that the tennants and country 
people in each parish, when they are called out by the overseer for 



372 RECORDS OF THE COUNTY OF BANFF. 

repairing the highways, give punctuall attendance, otherways they 
will be prosecute and fined as the law directs, as also that they make 
out headriggs and end riggs upon the lands next to the highways, 
otherways they will be likeways prosecute for the neglect thereof. 

Thereafter such of the gentlemen named as are justices of Peace of 
this County, constitute themselves into a Justice of Peace meeting and 
named the said Sir William Gordon of Park to be preses, and dealt 
with the following case of casting about a part of the King's highway 
in virtue of the Act of 1669. The Justices likewise took steps to assist 
the Commissioners of Supply to have the roads in the county made the 
legal width, and to prevent encroachments being made upon them. 

It being represented, in name of my Lord ffindlater, to the Justices 
that the publick road after passing the Bridge of Durn in the King's 
highway betwixt Banff and Cullen is become quite impassible by the 
brae on the side of the said road giveing way and falling down, and 
that it's absolutly necessar to alter the said road and carry it in 
through the head of the Town of Portsoy or thereby, and for that end 
his Lop. has caused the tennant leave out a rigg of land for making out 
said road, and was desireous to have the Justices of Peace concurrence 
for that effect. The Justices ordain the said road to be altered and 
made out at the sight of Sir Robert Abercromby, Sir William Dunbar, 
Mr. Grant of Tochieneel and the overseer, or any two of them 
accordingly. 

The Justices recomend to the heretors in every parish to meet the 
overseer and to adjust the roads in the severall parishes, and ascertain 
the breadths thereof, and that they give directions to their tennants, in 
the way of labouring their land, that where their lands join the highway 
they take care to make out head riggs and end riggs, which they ordain 
to be intimate in the intimation for the cess, certifying all transgressors 
that they will be punisht as the law directs, and that there shall be no 
pits or holes digged within the breadth of the highways, nor any 
alteration made afterwards upon said roads without authority from the 
Justices, and appoint the overseer to report at every meeting where 
the above rules are transgressed, that the offenders may be prosecute. 

William Gordon, Preses. 

Three months later Prince Charlie unfurled his standard at 
Glenfinnan, and was soon to be joined by the Convener of Banffshire, 
accompanied by four of his men servants. Appointed Lieutenant-Col. 
of Lord Ogilvie's Regiment, he took part in the march to Derby, in the 







ti^ AiiAri RAMSAY. 



SIR WILLIAM GORDON OF PARK. 373 

retreat to Scotland, and was present at Culloden, dressed, as a witness 
depones against him, in "a sort of highland clothes."^ The Chevalier 
De Johnstone gives a graphic account of forgathering with Park, Lord 
Lewis Gordon, Gordon of Avochie, and Park's half-brother, Cobairdy, 
at Rothiemurchus after Culloden, and of their journey to Park. There 
the laird, attainted, lurked for nearly two years, more than once hunted 
from hiding place to hiding place by the King's troops. ^ A report which 
reached the Government in November 1746 that Sir William Gordon 
with several others had escaped abroad in a Danish ship, which they 
had boarded in small boats from Arbroath, was unfounded. On 4th 
November 1747 the Earl of Findlater and Seafield reported to the 
Lord Justice Clerk that on the preceding Sunday a futile search had 
been made by two parties of soldiers from Banff and Cullen for persons 
attainted and exempted from the indemnity. He continues ^ — " Captain 
Gordon, of General Blakney's Regiment, who commands in Bamff, 
writes me that on their road a well-dressed man crossed their front at a 
quarter of a mile's distance at a hand gallop. Upon which the Captain 
thought it necessary to send an officer to examine him, which when he 
perceived he set spurs to his horse, and then both the Captain and the 
officer pursued him, on which he drove through the boggs up a hill as 
fast as he could ; but the officers in pursuing got their horses bogg'd, 
and found themselves invironed with dykes and boggs, so that he fairly 
made his escape through his better knowledge of the country, and that 
upon their examining the country people who saw him they said it was 
Sir William Gordon of Park. Captain Gordon further adds that by 
the way he came, it was imagined he had been drove from one of the 
houses searched by Captain Wheelock, the commanding officer at 
Cullen." 

Shortly after this he escaped abroad, and was joined in France by 
his wife. Lady Janet Duff, eldest daughter of Lord Braco. He died 
in France, at Douai, on 5th June 1751. The estate of Park, which 
had been entailed in 1713, passed under his attainder to his brother, 
Captain John Gordon, after a long litigation, 1751-54, in the Court of 
Session. 

Bridges at Cairnfield and St. Fergus. 

Banff, the seventeenth day of May, one thousand seven hundred and 
fourty six years. Att a meeting of Commissioners of Supply of 

'"Historical Papers," New Spalding Club, p. 352. 

= "The Albemarle Papers," New Spalding Club, Vol. I., p. 316. 

3 Ibidem, Vol. 11. , p. 476. 



374 RECORDS OF THE COUNTY OF BANFF. 

the County of Banff: Conveened — Alexander Gairden of Troup, 
Peter Gordon of Ardmeallie, Alexr. Gordon of Cairnfield, John 
Innes of Edingight, George Joass of Colleonard, Alexander 
Keith of Northfield, Robert Innes of Culvie, Walter Ogilvie of 
Badenspink, Alexander Hary Gordon of Muiraik, James Innes, 
Provost of Banff, George Gairden, Eldest Baillie thereof, and 
John Ogilvie, Baillie of the Regallity of Ogilvie, Troup being 
chosen Preses. 
An application having been made to the Commissioners in name of 
Cairnfield at last year's generall meeting for having a bridge built over 
the Burn of Cairnfield in the highway from Elgin to Banff, as also an 
estimate of the charge being then laid before the Commissioners, and 
the Commissioners present being now satisfied that it is a very usefuU 
and necessary work, they ordain the same to be built, and appoint their 
Collector to pay in to Alexr. Gordon of Cairnfield upon his recept as 
soon as he has funds in his hands, any sum not exceeding eleven pounds 
sterling for defraying the charge thereof, and hereby impower him to 
contract with workmen and cause carry on the said work at his sight in 
the most frugall manner, and when done to lay before the Com- 
missioners proper vouchers for instructing the charge of the work. 

The Commissioners also authorised the payment to Troup or James 
Reid, his ffactor, of any sum not exceeding eight pounds sterling for 
building a bridge at the Burnmouth of St. ffergus, being a publick 
highway and a necessary work. 

Alex. Garden, P. 

Alexander Garden, designated Troup younger in the sederunts of 
many of the meetings of Commissioners of Supply which he attended 
during his father's lifetime, took a very active interest in the government 
of the County. Brought up an advocate, he also ,took an active part in 
the government of Scotland. Like his father, he was a zealous 
supporter of the Revolution settlement and of the Hanoverian 
succession. During the rising of the Fifteen he was appointed a 
Deputy Lieutenant of the County. After the suppression of the rising 
the Commissioners of Supply of Banffshire appointed him one of a 
committee of three to draw up "ane congratularie address to His 
Majestye King George suitable to the present hapie juncture and 
postur off affayres." Next year, he was appointed by Government 
Civilist to King's College, Aberdeen, in place of an extruded Jacobite. 



ALEXANDER GARDEN OF TROUP. 375 

After the suppression of the rising of the Fifteen he and his father 
added to the family estate of Troup large interests in Aberdeenshire. 
The time was opportune, as many estates had been forfeited. His 
marriage with a daughter of Sir Francis Grant of Bellintomb and of 
Cullen (Gamrie), who rose to be a Judge of the Court of Session, under 
the title of Lord Cullen, and who had purchased in 1712 Monymusk in 
Aberdeenshire, brought him additional influence. His three sons — 
Alexander, who was member of Parliament for Aberdeenshire from 
1768 to 1785, Francis, who reached the Bench in 1764 as Lord 
Gardenstown, and Peter, who married a Campbell of Glenlyon, 
successively followed him in possession of Troup. He first presided at 
a meeting of Commissioners of Supply of Banffshire on 4th October 
1733, and, unHke his deceased father, he signed the sederunt "Garden." 
His father had presided at the first general meeting of Commissioners 
of Supply in Banffshire after the Fifteen, and similarly after the 
Forty-five the son presided at the meeting held on 20th May 1746, at 
which he was appointed Convener for the year. 

His known zeal and activity for the Hanoverian succession brought 
him into strange trouble later in 1746. The adventure might have been 
one with brigands of Turkey or Morocco. " On Sunday, the 31st of 
August," so the information to Government ran,^ " a party of Arm'd 
Rebels to the number of about 12, who appeared to be Highlanders, 
Commanded by a Young Man who appeared to be about 30 and look't 
like a Gentleman and a low Country man. Came about ten aclock at night 
to the House of Troup, eight Miles to the East of Banff, where they 
seized Alexr. Garden of Troup, and made a demand of ;^2000 sterling. 
And as he had not that sum by him, They forced him to write to some 
of his friends to raise it, and threatned to put him to death if it was 
not paid upon the 3d at Mid-day. They seized all his papers of value, 
and his father's, and his Acco*. with the York building Company, and 
about ;^ioo of money, All which papers and money they carried with 
them, and also carried Mr. Garden of Troop prisoner alongst with them. 
They set out from his house about one aclock on Monday morning, and 
took the road by the Hills of Renny (Rhynie) or North." Troup's servants, 
who were to deliver the letters for raising the /"2000, were ordered to 
appear in the Glen of North above Whitelumbs on Wednesday. They 
appeared at the rendezvous given, but could not effect their master's 
escape. Provost Innes, of Banff, and others thereafter went to Strathbogie 
to try to relieve Troup without avail. They then went to Aberdeen and 

' "The Albemarle Tapers," New Spalding Club, Vol. I., pp. 217-18. 



376 • RECORDS OF THE COUNTY OF BANFF. 

Banff to raise the militar}-. The information concludes — " John Philp, 
servant to Troup, heard the Young Man who commanded the Rebels say 
that tho' he received the £2000 it was small to divide amongst so many 
Noblemen and Gentlemen whose houses were burnt, and his amongst 
the rest." The military seem to have acted with promptitude. On gth 
September the Commander-in-Chief in Scotland was able to report '^ 
that " the Rebels, finding themselves close pursued, released him (Mr. 
Garden) on Saturday night at ten o'clock, having only taken from him 
£143, but if they think I have done with them for showing this mark 
of Indulgence, they are mistaken, for I will have them dead or alive, for 
so audacious an Act was never committed." Easier said than done. 
They failed to capture the kidnappers or to recover the many valuable 
papers taken from Mr. Garden. Indeed these were only recovered 
through Gordon of Avochie,^ who was under attainder for his share in 
the rising, and who stipulated for a protection from Government, which 
Troup on 15th December 1747 tried to get for him, before he would part 
with the documents — all which looks very much as though Avochie had 
been in the plot from the beginning. 

The Rising of the Forty-five left its mark in the general poverty of 
the county, and highway money ceased to be levied, until June 1751, 
when a new era in road-making began. 

Peter Gordon of Ardmeallie. 3 

Peter or Patrick Gordon of Ardmeallie, as he is indiscriminately 
called, though he subscribes his name " Pet Gordone," who presided 
at next meeting of Commissioners of Supply, had a long career 
as an influential and assiduous worker in the county government 
of Banffshire. He is one of the very few Gordons within the county 
who seem to have given a whole-hearted support to the Hanoverian 
succession. On 7th March 1716 he qualified as Commissioner of 
Supply, the county record bearing that he " did in fface of the meiteing 
taik swear and subscrive the oaths of alleadgeance and assurance to 
His Majesty King George." He was appointed Convener of the 
County in 1742 and 1743. The county records in 1742 bear that he 
was so appointed "with power to him to call a meeting of Commissrs 
from time to time as he shall see cause "; and it is stated, in 1743, that 
the Commissioners " continue Patrick Gordon of Ardmealie to be their 
Conveener." He married Ann Bisset, daughter of Robert Bisset of 

• "The Albemarle Papers," New Spalding Club, Vol. I,, p. 220. 

* Ibidem, p. 504. 3 See p. 287. 



DEATH OF CAPTAIN JAMES INNES, OVERSEER. 377 

Lessendrum, in 1706, and on 12th June of that year a sasine was 
recorded in. his and her favour of the lands of ArdmealHe in which he 
is designed as younger of ArdmealHe. He married a second time, 
probably in 1722 ; for on the 26th April of that year there is recorded a 
sasine in favour of Mrs. Mary Duff, spouse of Peter Gordon of ArdmealHe, 
during all the days of her lifetime in case she survived her said 
husband, in all and haill the lands of Ardmeally. Mary Duff was 
eldest daughter of James Duff of Crombie and sister of William Duff 
of Crombie. I He was succeeded by his son James, his eldest son, 
Archibald, having predeceased him. ArdmealHe died in April 1762. 

At a meeting of the Commissioners of Supply held at Banff on the 
14th May 1747: Present — Patrick Gordon of ArdmealHe, 
George Joass of Colleonard, Walter Ogilvie of Badenspink, 
Mr. Alexr. Chalmers of Clunie, Alexander Hary Gordon of 
Muiraik, James Innes, Provost of Banff, John Ogilvie, Baillie 
of the Regallity of Ogilvie, Robt. Innes of Culvie, John Duffus, 
Eldest Baillie of Banff and Alexr. Innes of Whitehill — Ard- 
mealHe preses. 
But in respect of the late troubles and poverty among the tennants, 
they have resolved to lay aside highway money and vagabond money 
for this current year, recommending to every heretor within his own 
bounds and in his neighbourhood to call out the country, and to direct 
and oversee the repairing of the highways, in respect there is no fund 
now for an overseer for that purpose. 

Death of Captain James Innes, Overseer. 

And there being an attestation under the hands of Edingight and 
the minister of Grange declaring that they were witnes to an agreement 
made by the deceast Capt. James Innes as overseer of the highways, in 
consequence of an order from the Commissioners at a generall meeting, 
whereby he agreed to pay to James Cruickshank ffourty-two pounds 
Scots for making the reparations then necessary for the Bridges of 
Grange and ffortrie, and attesting the said work to be done and 
perfected according to agreement, they therefore impower the said 
Alexr. Innes to pay the same if he has as much in his hands. 

From the following minute of 22nd July 1747 : Present — Lord 
Braco, Sir Robert Abercrombie, Alexander Duff of Hatton, Thomas 
Grant of Achoynanie, William Donaldson of Kinnairdie, George Joass 

' See pp. 350-1. 
X 2 



378 RECORDS OF THE COUNTY OF BANFF. 

of Colleonard, James Ogilvie of Melross, Alexander Innes of Rosyburn 
— Lord Braco, preses, the following additional particulars regarding the 
overseer appear : — 

The said Commissioners, considering that the sallary appointed for 
the now deceast Capt. James Innes as overseer and director of the 
highways at their generall meeting in May 1745 lyes yet in the 
Collector's hands, and that William Leslie of Melross having procured 
bill on the Collector immediately after said generall meeting to the 
extent and value of the said sallary, being three hundred mks, in order 
to reimburse him of what he had necessarily expended preceeding that 
time for the subsistance of the said Captain and his family, which still 
ly over unpaid, the Commissioners therefore ordain Alexander Innes 
their Collector to pay the said sum to the said William Leslie, and to 
take his receipt and discharge therefor, which shall be allowed to him. 
Banffshire Roads in 1746. 
In the Journal of an English medical officer who attended on the 
Duke of Cumberland's army in 1746, before referred to,^ that gentleman 
recounts in April of that year that " from Turriff, after riding eight 
miles over moderate hilly and plentiful country and good roads . . we 
arrived at Banff. Before we enter Banff we are obliged to ford this broad 
river [the Deveron]. . . After leaving Banff we travelled along the sea 
coast, and have fine views of the rising mountains near the firth of 
Cromarty." He travelled along the road from Banff to Fochabers, 
more than once referred to. Like the Deveron, the Spey had to be 
forded. In 1746 there was no bridge on the Deveron except the bridge 
at its head waters over the Blackwater in Cabrach, built by Lesmurdie 
in 1725 ; and there was no bridge on the Spey, at any rate within the 
counties of Banff and Moray. 

On his return from Culloden and the north, in September of the 
same year, after re-crossing the Spey, he includes the following in his 
narrative of his journey through Banffshire: — "After leaving Fochabers 
I rode over a mountainous country. . . . After six miles riding I 
came to a small village called Keith. . . . Here was nothing 
remarkable, but an exceeding high and steep stone bridge of one arch 
over a pleasant branch of the river Deveron, close to which I saw a 
mighty rock stone which makes part of the foundation of this bridge." 
This was no doubt the " Auld Brig" over the Isla, built in 1609 ^y 
Thomas Murray and Janet Lindsay. There has been given the 

' See p. 130. 



BANFFSHIRE ROADS IN 1746. 379 

reference to its repair by the county authorities in 1724 at the instance 
of Thomas Grant of Achoynanie. He continues, " From Keith I had 
six more miles to Strathbogie, and in that road passed over the most 
strong country I had seen called Carny. I then thought I was come 

into the most desolate and barren part of the world 

" From Strathbogie I took a journey to Banff and back again, twelve 
miles distance, all cross the country and very mountainous, so that all 
along the road (greatest part of which was stony and boggy) I conceived 
I was got again into the Highlands ; for I think the country here may 
be properly so called, being continued barren mountains and villages." 
Passing Rothiemay House he came to Abernethy of Main's. " From 
this place to Banff the Deveron obstructs our way, which with great 
difficulty and some danger I forded with my horse. From this we 
come to a country producing scarce anything but peat for firing ; . . . 
and then had a pretty good road to Banff." He had struck the road 
from Marnoch Kirk to Banff, so often referred to in the County 
Minutes. 

Movement for Reimposition of Highway Money. 

But with the slow recovery of the country from the troubles of the 
Forty-five the roads of the County could not be allowed to remain in 
the wretched condition they were in. It is interesting to note that the 
first move came from the Duchess of Gordon, whose husband, Cosmo 
George, influenced by his Mordaunt Protestant mother, who was well 
feed by the Government, kept out of the Forty-five with his other 
brothers, except Lord Lewis. The Duke died in 1752. 

Banff, ist June, 1750. — Conveened the following Commissioners of 

Supply, vizt., Robert Abercrombie, James Ogilvie of Melross, 

George Joass of Colleonard, John Innes of Edingight, James 

Bartlet of Afforsk, Montcoffer, Culvie, Walter Ogilvie of 

Baldavie and Alexander Innes of Rosyburn. Sir Robert 

Abercrombie chosen preses. 

Thereafter the said Alexander Innes laid before the meeting an 

application from her Grace the Duchess of Gordon for having two 

small bridges built at the shires expence, the one over the Burn of 

Tynet a twenty foot arch, the other over the Burn of Bellie a ten foot 

arch, and in name of her Grace desired the Commissioners would be 

pleased to order the said bridges to be built accordingly, as being very 



380 RECORDS OF THE COUNTY OF BANFF. 

necessar and usefull for that part of the country, and that the highway 
money which has been laid aside for some years may be again imposed 
for that purpose and levied with this years cess. 

The Commissioners in respect the highway money was laid aside by 
a generall consent, and that the present meeting not being so very full as 
that they would think of altering the former resolution on that subject, 
and having letters from severall Commissioners who could not attend 
the meeting signifying their inclination to have the said highway money 
still dropt, they therefore deferr the consideration of the said 
application untill the second Tuesday of August next. 

Main Lines of Roads to be Mended. 

Banff, 30th Augt., 1750. — Att a meeting of the Commissioners of 
Supply: Present — The Right Honble Lord Deskford, Lord 
Braco, Sir Robt. Abercrombie, Collonell Abercrombie, Hatton 
younger, Montblairie, Montcoffer, Rosyburn. Lord Deskford 
chosen preses. 

The Commissioners present resolved : — 

That it will be proper to lay on the Road money at the first general 
meeting. 

That there ought to be no overseer named with a sallary, and 
unanimously agree to oppose the nomination of any such overseer. 

That the money shall be applyed for building bridges, untill the 
principall roads through the county are first made out and repaired, 
and that one road shall be finished before they begin another ; and they 
are of opinion 

That the first road to be mended should be from Banff to 
Fochabers. 

The second road from Banff to Marnoch Kirk. 

That the third road to be mended shall be from Banff to Kieth, and 
from that upwards. 

That the fourth road shall be from Portsoy to Rothiemay. 

That the fifth to be made out ought to be from Blacktown to Cullen. 

They also think it necessary that for making the said roads there be 
provided three small coup carts, half-a-dozen wheel barrows, two dozen 
spades and shovels, three small gavelocks, two mashes one bigg and 
another small, and half-a-dozen picks and one large sway ; and they 



MY LORD DESKFORD. 381 

recommend to the next general meeting to lay on the road money for 
the purposes above mentioned. And they also recommend to Mont- 
coffer and Rosyburn to provide and furnish the said tools, where they 
can be most easily had. . . . They also recommend to all heretors 
in the county that the roads be carried as streight as possible, unless 
where it may be very detrimentall to them or their tennants, and that 
they shall in the narrowest places not be under fourteen feet of breadth 
besides a ditch on each side for carrying off the water ; and that the 
money to be levied shall be in the first place applyed for payment of 
the tools, and in the next place for payment of the soldiers or artificers 
to be employed for making out these roads. Deskfoord, Preses. 

Reimposition of Highway Money. 

At Banff, 4th June 175 1, the Commissioners of Supply again 
imposed ten shillings Scots on each hundred pounds Scots of valued 
rent for the insuing year first for buying tools and proper instruments 
for repairing the highways and in the next place for mending the road 
betwixt Banff and Boindie, and the remainder (if any be) to be given 
to William Dunbar factor to Lord Deskford to be laid out for making 
the road betwixt Boindie and Cullen. 

The highway money, discontinued in May 1747, " in respect of the 
late troubles and poverty among the tennants," was thus reimposed 
in 175 1 on the suggestion of the Duchess of Gordon, and with the 
powerful support of Lord Deskford. 

My Lord Deskford. 

James, Lord Deskford, was born on i6th April 1716, at Dupplin, 
the residence of his grandfather, Lord Kinnoul. His father, the fifth 
Earl of Findlater and second Earl of Seafield, who was, from 1734 to 
1754, one of the 16 representative Peers of Scotland, and was a friend 
of the Walpoles, gave him an excellent education, rounded off, like his 
own, by foreign residence and travel. Horace Walpole, writing to 
General Conway at Rome on 23rd April 1740, says: — "Harry, you saw 
Lord Deskford at Geneva. Don't you like him ? He is a mighty 
sensible man ; there are few young people have so good an under- 
standing. He is might}^ grave and so are you ; but you both can be 
pleasant when you have a mind. Indeed one can make you pleasant; 
but his solemn Scotchery is not a little formidable." On 9th June 
1749, he married, at Huntingtower, Mary, second daughter of John 
Murray, first Duke of Atholl. 



382 RECORDS OF THE COUNTV OF BANFF. 

Like his father, after the rising of the Fifteen, Lord Deskford, after 
the Forty-five, took a great interest in the development of the roads 
and of the rural industries of Banffshire. He further forwarded many 
important schemes of reconstruction for Scotland. 

Residing mostly at Banff Castle until his father died in 1764, and 
thereafter at Cullen House, he introduced into the extensive estates of 
Findlater and Boyne the improved agricultural methods of the Lothians 
and England. In Cullen House is to be found in the library one of the 
richest collections of eighteenth century works on agriculture, mainly 
collected by him. 

During his residence at Banff Castle he took the farm of Colleonard 
into his own hands, and resolved to put the best theory and practice of 
the south to the test of actual experiment in Banffshire. He induced 
an experienced English overseer to come north, and to act as grieve. 
The farm was laid out with judgment and taste. The vicious system 
of runrig, whereby two or more farmers worked alternate rigs, was 
abolished, and the farm fields were made contiguous, and were enclosed. 
The hedgerows still to be seen on it, and the belts of wood, remind one 
of a typical English rural landscape. He practised summer fallowing ; 
but, greater improvement than that, he introduced a system of rotation 
of crops. He was the first in the county to practise the system of 
sowing out ryegrass and clover with white crop. In 1748 he introduced 
the turnip as a field, apart from a garden, crop, and so far solved the 
difficulty of food to winter cattle. He is also said to have introduced 
the potato into Banffshire. To encourage his tenants to farm on the 
lines mentioned, he gave them long leases, on condition that they would 
enclose, and follow his improved system of cropping. He also 
promoted flax growing and its allied industries, flax spinning, bleaching 
and linen manufacture. In 1752, at his bleachfield, near Cullen House, 
1500 pieces of cloth and 1700 spindles of thread yarn were whitened. 
At Cullen he established a considerable manufacture of linen and 
damask. This successful rural enterprise flourished until the early part 
of the nineteenth century, but has now left no more than a memory of 
its existence in the place names of Lintmill of Cullen and of Boyne. 
He was likewise a pioneer in the planting of 'trees, and, to promote 
forestry, established a nursery at Colleonard. 

In 1754 ^^ ^^s appointed one of the Commissioners of Customs in 
Scotland, but resigned his seat in 1761. That year he was appointed 
Chancellor of the University of King's College, Aberdeen. On gth 
July 1764, he succeeded his father. Next year he was appointed one of 
the Lords of Police in Scotland. He was also one of the trustees for 
the improvement of fisheries and manufactures, and for the manage- 
ment of the annexed estates in Scotland. He died at Cullen House on 
3rd November 1770. 



SOLDIER LABOUR AND ROGUE MONEY FOR ROADS. 383 

The interest in road building continued to grow, and the Com- 
missioners appHed the highway money not only to the purchase of 
tools as heretofore, but also for the hire of soldiers to assist in road 
making. The employment of small bodies of military from the 
detachments in garrison at Banif and neighbourhood for this purpose 
is interesting and instructive, and might be well followed to-day as a 
useful training to soldiers and of much advantage to the country. 
Strictly speaking, there was at this period only one purely military road 
in Banffshire, confined to the parish of Kirkmichael, part of the road 
from Braemar to Grantown via Tomintoul, made out in 1754 by Col. 
Lord Charles Hay and the 33rd regiment. Further, the Commissioners 
did not hesitate to stretch their powers of taxation, by devoting the 
savings from Rogue money, effected by dispensing with the services 
of constables and otherwise, to the making out of roads. 

At Banff, 6th May 1752, the Commissioners, Bracco presiding, 
recomend that the road betwixt Banff and Boindie be made out this 
summer, and that application may be made to the officer commanding 
the regiment whereof a party may ly at Banff for a sergant and twelve 
men for assisting in making out the said road on the expence of the 
county, the inhabitants of Banff being always called out to give the 
proper assistance likeways as the law directs. And as it has been 
represented to the Commissioners that the present road must be altered 
and put about a litle in one part, in order to make it a good and 
sufficient road, they name William Leslie of Melross, George Joass of 
Colleonard and Alexander Innes of Rosyburn as a committee of their 
number, and recomend to them to meet with the magistrates of Banff 
and concert the proper way for making out that road, and to concur 
with them in having it made out in the best and easiest manner. 

At Banff, ist May 1753, the Commissioners of Supply, on the report 
of the Clerk that he had expended only about six or seven pounds stg. 
in buying tools, and that it will be necessar to lay out a larger sum for 
buying carts, barrows and other tools, and for making a sufficient road 
betwixt Banff and Fochabers, imposed the highway money. 

It was represented by Meyan, Ardmeallie younger and Mr. Leslie 
that the road at the Burn of Corskie and at the Park dykes of Achintoul 
are impassible : Therefore the Commissioners im'power these gentlemen 
to repair these roads as they shall think fit, and to lay out the necessary 
expenses to workmen for ditching and causewaying. 



384 RECORDS OF THE COUNTY OF BANFF. 

At an adjournment of the meeting the Collector having reported 
that when all arrears of the current year are paid up there will remain 
a ballance of the Rogue money of about three hundred pounds Scots, 
. . . and there being many applications for having the road from Banff 
to Rothiemay repaired and made out upon the savings of the Rogue 
money, the Commissioners resolved accordingly. ... And Lord Braco 
having named Robert Cuming his ffactor, Alex*". Miln at Miln of Alvah. 
or William Winton at Kirktoun of Alvah to oversee and direct the 
making out the road through his Lordships grounds from the said 
Sandyhill park untill it enter on Lord Banffs estate, the Collector is 
directed to pay to them upon their receipt to the extent of the ballance 
of the Rogue money, if required, and thereafter to any person Lord 
Banff shall name as overseer, and thereafter to the other heritors as the 
road advances on their rexive grounds. With power to the overseers 
to call on the country as the law directs, and to employ four of the 
military or more if necessary, and to call at the Collector for a third of 
the tools bought for the shire . . . And they recomend to Lord Braco 
to apply to Generall Churchhill for some of the military to be employed 
to help and make out these roads, viz., from Banff to Fochabers and 
from Banff to Rothiemay. 

Banff, ist May 1754. At a generall meeting of the Commissioners 
of Supply of Banffshire, Sir Robert Abercromby presiding. . . It being 
represented by Meyan and Edingight, that they had been so far convinced 
of the neglect of constables and of their being unnecessary, they had 
discharged William Kemp one of the constables about a year and a half 
ago, by which there was a saving of six pound sterling to the county, 
and therefore as there was a very bad pass betwixt the new road at the 
Dens of Tilliedown and about the burn there, and another very bad 
pass upon the Knockhill on the highway from Banff to Kieth, and that 
a small matter is absolutely necessary for repairing the Bridge at the 
Burn at Fortrie upon the said highway, therefore they claimed the 
foresaid six pound for the above purposes, which the meeting thought 
reasonable. 

At Banff, on the 21st of May 1754, the Commissioners of Supply, 
Lord Deskford presiding, examined the state of the Highway money 
for the year 1753 and two preceeding years, find the same fairly stated 
and vouched, and the ballance ensuing therefrom they ffind amounts to 



ROGUE MONEY FOR THE BANFF TO ABERCHIRDER ROAD. 385 

Twenty five pound fifteen shillings and sex pence sterling, which they 
appoint to be paid to Lord Deskfoord or his order for carrying on the 
road from Boyndie towards Cullen and Fochabers. George Mason 
ffactor for Lord Deskford vouched an expenditure of ^^40 4/3 Stg. 
since September last on the road from the Burn of Boyndie to the head 
of the Brae on the side of the Burn of Boyn. 

An account of the application of Rogue money for the years 175 1, 
1752 and 1753 showed a ballance of £26 lo/i Stg. This ballance and 
any from the current year after dealing with vagrants to be applied for 
making out the road betwixt Banff and Aberchirder, and recommend to 
Lord Braco, Montblairy, Mr. Leslie of Melrose, Coleonard, Rosieburn 
and Lord Braccos ffactor, or any two of them, to call for money to be 
laid out in the first place for carrying on the said road from the Spittle- 
myre to the Burn of Bachlay; and thereafter they appoint the said 
road to be carried on from the Kirk of Marnoch to the top of the Hill 
of Crannach . . . ; and whereas it has been concerted to carry on that 
road with the more expedition, that a sum not exceeding £25 stg. shall 
be advanced . . . , two thirds thereof by Lord Braco and one third of 
said sum by Lord Banff and Montblairy, the Commissioners therefore 
agree that what advance they shall so make is to be repaid to them out 
of any balance of Rogue money for 1754 . . . After the said road is 
carried to the Hill of Crannah the Commissioners appoint the military 
and the tools to be again brought back to the Bachlay road, to carry on 
the same to Blacktown, and from thence forwards to the said hill of 
Crannah . . . 

At Banff, ist May 1755, the Highway money was imposed, and the 
balance of Rogue money was voted for carrying on the two foresaid roads. 

At Banff, 15th June 1756, accounts in connexion with the two fore- 
said roads were passed. 

An account by Lord Braco for making out a new road from the top 
of the hill of Rothiemay towards Nether Milns of Strathisla and Keith 
was postponed. The Commissioners find that the last mentioned road 
will prove very useful and necessary, and that after the orders standing 
upon the books for making out other roads are fulfilled and these roads 
made out, his Lop. will thereafter claim for what he has expended on 
the last mentioned road. 

y 2 



386 RECORDS OF THE COUNTY OF BANFF. 

Mr. Grant of Tochieneal, in name of Lord Deskfoord, submitted 
accounts amounting to £^0 13/11 stg. for carrying the Coast road from 
Sandend towards Cullen. ^^35 3/8f was allowed out of previous years 
Highway money, and the balance of ;^5 9/4J carried to next year's 
accounts. 

At Banff, 30 April 1757, the Commissioners considered Lord Braco's 
accounts for making out the road from Auchintoull to the top of the 
hill of Cranna in summer 1756, amounting to £66 14/3 stg., and 
allowed ;^33 stg., the Rogue money for 1755, and appointed the Collector 
to pay his Lordship £33 stg. the haill amount of Rogue money imposed 
*or 1756 in full of the balance of ;^33 14/3. And in respect in said 
accounts there is eighteen pence per diem charged as given to the 
Sergeant, the meeting are of opinion that it was too much, and therefore 
they resolve that hereafter they will not allow above a shilling to any 
sergeant to be employed. 

Thereafter the following state of Highway money for last year v^'as 
made out : — 

Mr. Grant of Tochieniel produced an accompt of money expended 
for making out the road from Sandend to Cullen, and from thence 
towards Woodside, which was sustained, and the same with the vouchers 
thereof delivered up and discharged amounting to, including the ballance 
found due him last clearance - - - 3^37 8 7^ 
By cash paid him by the Collector in full 

of the Highway money imposed for 

the year 1756 p. receipt - - - — £33 o o 

By ballance due to be paid him out of the 

current year's Highway money - - — 4 8 7J 



£37 8 7h £57 8 7* 



Which accompt as above stated the meeting approves of, and discharges 
their Collector for the Highway money last year and preceedings. 

Methods for Making Out Roads at the Easiest Expense. 

Thereafter it was the opinion of the meeting that notwithstanding 
the above accompt on both roads, that more frugal methods may be 
taken, and for that end they adjourn their meeting to ffriday the 



METHODS FOR MAKING OUT ROADS AT THE EASIEST EXPENSE. 387 

twentieth of May next to consider of the most proper and effectual 
methods for making out the pubHck roads upon the easiest expence, 
and they hereby put a stop to the cairying on any road untill that day, 
that the resolutions of that meeting are known. 

At Banff, the 20th day of May 1757, att a general meeting of the 
Commissioners of Supply of Banffshire in consequence of their last 
adjournment : Present — Capt. John Gordon of Park, John Innes of 
Muryfauld, James Abernethie of Mayen, Alex*". Gordon of Cairnfield, 
James Gordon of Ardmeallie, John Innes of Edingight, Alexander 
Donaldson of Kinnairdy, John Duff of Drumblair, Alex''. Duff of 
Hatton, James Ogilvie of Baldavie, James Bartlet, Provost of Banff, 
Alex^ Innes of Rosieburn. The said Capt. John Gordon being chosen 
prases. 

Thereafter Mr. Abernethie of Mayen having given in a representation 
here referred to setting furth that the expence laid out on making the 
roads hitherto has been too great, and therefore offering to make out a 
sufficient road of twenty feet broad at threepence p. yrd Scots measure, 
beginning at the top of the Hill of Cranna, where it is already brought 
in terms of his proposal. The Commissioners impower Mayen to make 
out the above road to the extent of Eight pounds sterling out of the 
first of the Rogue money for the current year ; and they recommend to 
the several heritors in the neighbourhood of that road to give in a list 
to Mayen of their several tennants servants and others, that may be 
thought liable to give service on the said road agreeable to the act of 
Parliament, to be called out for that purpose for the statute work on 
the said road, and such as are sufficient Mayen is to receive and allow 
sixpence p. day for each of them, and where material is wanting the 
same is to be done at the expence of the county. 

They appoint Lord Braco's ffactor or any other having the tools 
belonging to the shire in their custody which has been used for that 
road to give such of them to Mayen on his receipt as he shall call for, 
for carrying on said road. 

The Commissioners recommend Lord Deskfoord, under whose direc- 
tion the road from Banff to Cullen and ffochabers has been carrying on, 
to agree with workmen and manage matters so as to make out a 



388 RECORDS OF THE COUNTY OF BANFF. 

sufficient road of twenty feet broad not exceeding three pence p. ell 
Scots measure, as is agreed to be done on the other road. 

At Banff, the second day of August one thousand seven hundred 
and fifty seven years, at a meeting of the Commissioners of Supply in 
consequence of their last adjournment : Present — The Right Honble. 
The Lord Braco, The Honble. James Duff, The Honble. Alexander 
Duff Esq"^., James Duff of Corsindae, Alexander Duff of Hatton, 
John Innes of Muiryfold, William Leslye of Melross, Patrick Duff of 
Whitehill, James Bartlet of Afforsk, Provost of Banif, Alex^". Innes of 
Rosieburn and Patrick Dockar Eldest Bailie of Banff — Lord Braco being 
unanimously chosen preses, the sd James and Alex^ Duffs having 
qualified in terms of law. 

Thereafter there was a letter produced from Mr. Grant of Tochineal 
to Alex"". Innes of Rosieburn shewing that there is a deep hole of a 
burn at Thornrone upon the road which is making out at the publick 
charge betwixt Cullen and Rannes, which would require a small arch 
which may cost about Thirty pounds Scots . . ., which they [the 
Commissioners] agree to. 

Thereafter there was a proposal of having the roads within Banffshire 
made out and carried on in every parish within itself at their own 
expense upon the plan of Aberdeenshire, which by experience has been 
found to answer, or to make such alterations and improvements on said 
plan as they shall think proper. The Commissioners are of opinion it 
will be a right method, but defer the consideration thereof till next 
meeting. 

Bridge upon the Fiddich near Craigellachie. 

Said day Mr. Proctor presented a letter to the meeting from Mr. 
Grant of Achoynanie, representing that the tirtiber bridge upon the 
water of Fiddich near to the passage boat and where ffiddich falls into 
the river Spey, which was a usefull and most necessary bridge, being 
upon a publick highway, had so far failled that no person could pass 
upon it, and recommending to the Commissioners to order a stone 
bridge to be built over said water, as it would hardly be possible to get 
large enough timber to repair and make out a timber bridge, the distance 
betwixt the land stales being betwixt thirty and fourty feet, and that 



BRIDGE UPON THE FIDDICH NEAR CRAIGELLACHIE. 389 

there was a necessity for having a bridge there soon on account of the 
rapidity and deepness of that water, which may occasion the loss of 
many hves if neglected. 

The Commissioners are of opinion that its absolutely necessary to 
have a bridge at the foresaid place upon ffidich, and that, as they have 
not funds immediately for making out a stone bridge, they think it will 
be most advisable to provide large timber for repairing the old bridge, 
and for that purpose, notwithstanding that their publick funds were 
already appropriate for the current year for carrying on the roads from 
Cullen to ffochabers and from Banff to Aberchirder, they of consent 
. . . appoint their Collector to pay immediately eight pounds sterling 
to Achoynanie, Robert Grant of Tammore, James Leslye of Kininvie 
and said Mr. Proctor or any two of them upon their receipt to be laid 
out for buying the sd timber and repairing the sd bridge, . . . and that 
to serve in the meantime, without hindering the shire from ordering a 
stone bridge to be built when their funds can allow of it, the one half 
of said sum to be taken from the fund allotted for the Cullen road, and 
the other half thereof to be taken from the fund appropriate for the 
Aberchirder road. 

At Banff the 29th day of September 1757, in a general meeting of 
the Commissioners of Supply, the Honourable James Duff of Braco 
presiding. Lord Deskford by letter reported that the Cullen to ffochabers 
road had been made out as far as the Findlater property extended in 
the parish of Rathven. The meeting appointed Mr. Gordon of 
Glashtirum and Mr. Alex"". Hay son to Rannass overseers to carry the 
same road on to the Burn of Buckie. 

Meyan reported that he had received eight pounds sterling for 
making out a part of the road from Hill of Cranna towards Blacktoun, 
which would not pay for the work done according to the agreement 
at the rate of two pence p. ell. The Commissioners appointed the 
Collector to pay what further may be wanted according to the measure 
certified by Capt. John Gordon of Park, James Gordon of Ardmeallie, 
Alex"". Donaldson of Kinnairdy, John Innes of Muiryfold or any two 
of them. 

They recommend to the Noblemen and Gentlemen in the neigh- 
bourhood after harvest to order in their horses and tennants for leading 



390 RECORDS OF THE COUNTY OF BANFF. 

stones to compleat the passes at the Gushet Bog and other water runs, 
for the time required by law. 

At a meeting on 2nd May 1758, the Commissioners, Sir Robert 
Abercromby of Birkenbog presiding, appoint the two publick roads 
from Cullen to ffochabers and from Banff to Aberchirder to be carried 
on as formerly, and direct Lord Banff and the heritors of Alva and 
Marnoch to meet at Blacktown and concert measures for more 
expeditiously making out the latter road. 

The Commissioners, having under consideration the state of the 
highways, they unanimously resolved and agreed that hereafter the 
publick roads in each parish, except the parishes that work on the two 
publick roads presently carrying on betwixt Cullen and ffochabers and 
betwixt Banff and Aberchirder, shall be made out and carried on 
parochially; and hereby recommend to and impower the Commissioners 
of Supply, Justices of Peace and Heritors in each parish to call out the 
tennants and inhabitants annually to perform the statute work, . . . 
and appoints the fifteenth of June next for the first meeting of the 
Commissioners, Justices of Peace and Heritors of every parish, in order 
to concert measures for putting the above resolutions in execution. 

On 30th April 1759, the Commissioners, Mr. Garden of Troup 
presiding, continued the Highway money and Rogue money as in 
previous years. 

Said day a letter from Sir Archibald Grant to Alex"". Innes of 
Rosieburn to be communicate to this meeting was presented and laid 
before them, anent the reparation of the roads within the parishes of 
Keith, Boharm and Skirdustan, which being read and considered, the 
Commissioners desire thanks to be returned to Sir Archibald for so 
generous and publick spirited an offer, and they recommend to him as 
having the management of Mr. Grant of Achoynanies estate in 
conjunction with the other heritors of these parishes to cause repair 
and make out in the most effectual manner such publick roads as shall 
be proper and necessary within these parishes, with all convenient 
diligence, for that end to call in from time to time the tenants and all 
persons lyable in statute work 

The Commissioners have resolved that, after the road carrying on 
betwixt Marnoch Kirk and Banff is fully made out agreeable to their 



ROAD MAKING. 39I 

former orders, that the road from Nethermiln of Auchmedden leading to 
Banff shall be next made out, and what publick money may be 
necessary for that purpose to be taken out of the Rogue money. . . . 
They therefore recommend Mr. Garden of Troup to take the direction 
of that road upon him intirely, and for that purpose to call out the 
whole tenants and inhabitants within the parish to perform the statute 
work 

The Commissioners recommend to Lord Deskford, Mr. Gordon of 
Ardmeallie, Mr. Hay of Montblairy, Mr. Innes of Muiryfold and Alex'". 
Innes of Rosieburn or any three of them that can attend to meet upon 
Tuesday the eight of May next to view the road already made out 
betwixt Cranna and Blacktown, to consider if the same has been 
sufficiently done according to agreement, and to cause measure and 
order payment to Alex'". McLean therefore 

At Banff the 22nd June 1759, the Commissioners, Lord Deskford 
presiding, on a representation that a road betwixt Portsoy and Keith 
would be extremely necessary and convenient, recommend to the Earl 
of ffindlater, Sir Robert Abercromby, General Abercromby and Mr. 
Grant of Tochieneil to consider where a proper road could be made out 
from Portsoy towards Keith, so far as it may go through the parish of 
Fordyce, and resolved to indemnify them of the expense of an overseer 
for attending the county people to be called in for performing statute 
work, to be taken out of the Highway money not exceeding one shill. 
ster. p. diem. 

Thereafter it was represented that a road will be very necessary and 
useful to strick off from the publick road leading to Aberchirder near to 
George Raineys in Crana, and to proceed from thence to the Boat of 
Inverkeithney. Approved, under the direction of John Innes of 
Muiryfold, the expense of an overseer at a rate not exceeding one 
shilling per diem to be charged to Rogue money. 

Resolved that the penalties levied on deficients be applied in the 
first place for buying road tools. 

In regard to a petition by Archibald Duff of Drummuir for having a 
road made out through his estate in the parish of Botriphnie upon the 
publick expense, the Commissioners reply they are sorry the Highway 
money is otherwise appropriate for some years to come, but that as 



392 RECORDS OF THE COUNTY OF BANFF. 

soon as the publick road is carried the length of Botriphney due 
attention will be had to his application. 

Lord Deskfoord and Captain John Gordon recommended to report 
where and in what manner a road can be made out from Portsoy and 
leading to Strathbogie. 

At Banff, 28th Septr. 1759 : The Commissioners recommend to 
appoint John Gordon of Cluny and Alex*". Tod factor to the Duke of 
Gordon, as overseers for carrying on the publick road from Burn of 
Buckie towards ffochabers, with powers to call out the country people. 

The Commissioners recommend to Lord Macduff, Lord Banff, 
Mountblairy, Melross, Corsindae and Rosieburn or any three of them 
to meet and carry on the road that leads from Tipperty and Wardend 
towards Bachlaw. 

At Banff, 30th April 1760, the Commissioners continue the Highway 
money and Rogue money this year at the same rate as last year. 

At Banff the Thirteenth day of June one thousand seven hundred 
and sixty years : At a meeting of the Commissioners of Supply 
and Justices of Peace of Banffshire, in consequence of the 
last adjournment : Present — The Right Honble. The Lords 
Deskfoord, Macduff and Banff, Sir Robert Abercromby, Captain 
Gordon of Park, George Hay of Montblairy, James Abernethie 
of Mayen, James Duff of Corsindae, Alexander Gordon of 
Cairnfield, Alexander Innes of Rosieburn and William Ogilvie, 
Merchant in Banff. Lord Deskfoord elected preses. 

Agreed that what remains unmade of the road betwixt Blacktown 
and Banff shall be made out under the direction of Lords Macduff and 
Banff, Mr. Hay of Montblairy and Alex^ Innes of Rosieburn or any 
two of them agreeable to the former order and resolution thereanent, 
the gravelling of the road betwixt Spittlemyre and the Town of Banff, 
partly in the county and partly within the territories of the town, to 
be done by the tennants within the parish of Banff of Lords Findlater 
and Macduff with their horses and carriages assisting the towns horses. 

They renew the order given last year, impowering Sir Archibald 
Grant in conjunction with the other heritors of the parishes of Keith, 
Boharm and Skirdustan to call in the country people and apply the 



ROAD MAKING. 393 

statute work in making out the road from Keith to Boat of ffiddich, 
allowing for an oversier a sum not exceeding one shilling p. day, and 
five pounds sterling for tools out of the Highway money. 

The meeting desire Rosieburn to write to John Gordon of Cluny, 
Mr. Hay, son to Rannas, and Mr. Gordon of Glastirum to hasten 
making out the road that leads betwixt Cullen and ffochabers, agreeable 
to former orders. 

And as the publick road from Banff to Keith falls next to be made 
out, they name and appoint Lord Deskfoord, Captain John Gordon, 
John Innes of Edingight, John Innes of Muiryfold and Tochieneal as 
a Committee to consider the proper way of carrying on the said road, 
and to report to next meeting. 

Continues the order for Troups road in Gamrie parish. 

They recommend to Lord Deskfoord and Captain Gordon to 
consider the proper way for carrying on the road betwixt Portsoy and 
Strathbogy. 

Thereafter there was a state of accompts given in by Alexander 
Innes, Collector, anent the Highway money and Rogue money as 
follows : — 

State of the Highway Money. 

Dr. Or. 

Str. Str. 

To balance in Collector's hands at 

clearing with him in May 1758 - - £1^ 4 7 
To Highway money imposed for the 

year from May 1758 to May 1759 - 33 o o 
To do. imposed from May 1759 to May 

1760 33 o o 

1758 — July I. — By cash paid Mr. Hay at 

Rannas p. rect. .... — 

1759 — May. — By do. paid him p. receipt — 

1760 — ffeb. 14. — By do. paid him p. receipt — 

By Balance due by the Collector - - — 

£^0 4 7 



£m 


4 


7 


15 








7 


10 


6 


43 


9 


6 


^80 


4 


7 



394 records of the county of banff. 

State of the Rogue Money. 
To balance in the Collectors hands at 

clearing with him in May 1758 - - £1^ 5 i| 
To Rogue money imposed for the year 

from May 1758 to May 1759 - - 33 o o 
To do. imposed for the year from May 

1759 to May 1760 - - - - 33 o o 
By cash paid for mantainance of prisoners, 

etc., p. accot. — £2 13 8 

By do. paid Al. McLean for making the 

road from Malcolmsfoord to Black- 
town p. receipt ----- — 18 18 4 
By drink money given him at making the 

agreement for said road - - - — 026 

By cash paid Al. Moir smith for sharping 

tools p. order and recept - - - — o 11 11 

By do. paid James Cruickshank for 

making the road betwixt Blacktown 

and Banff p. recepts ... — 1686 

By Alex'^. Moirs accot. for mending tools 

for said road — 045 

By cash paid Lord Banff p. order and 

recepts ------ — 480 

By expence of advertising this meeting 

in the Aberdeen Journal by order of 

the Comm" 30th April 1760 - - — 

By balance due by the Collector - - — 



^80 5 ij 






3 


6 


36 


14 


3i 


^80 


5 


li 



The Commissioners approve of the within stated accompts, and 
discharge the Collector thereof, except the balance found due upon each 
accompt, which he is to apply as the Commissioners direct. 

Deskfoord. 
Road Making and Road Makers, 1751 to 1760. 

It will thus be seen that since 175 1, when the renewed interest in 
road building set in, after the rising of the Forty-five, down to 1760, 



ROAD MAKING AND ROAD MAKERS, 1718 TO 1760. 395 

the main lines of road in the more populous part of the shire to the 
north of Keith were first attended to. To the south of Keith a mere 
mention only is made of the main road at Drummuir from Keith to 
Balvenie, and a mere intention expressed to spend public money on 
making it out; while the road from Keith to Boat of Fiddich and the 
renewal of the bridge there were alone carried on at the county's expense. 
Just as at the present day, questions of contracting for the work to be done, 
instead of carrying it out under an overseer or surveyor, and the policy 
of whether roads should be maintained parochially, or by taking the 
broader county view, engaged attention. It is interesting to note that 
the parochial system, favoured in Aberdeenshire, was no sooner adopted 
with reservations, in 1758, than it was happily given up, at any rate so 
far as the main lines of road in Banffshire were concerned. 

In this Chapter the names of those Commissioners of Supply and 
Justices of the Peace who initiated and carried on the management of 
roads and other work of County administration have been given in 
some detail. This has been done because it may be of some interest 
to know who, amongst the restricted class eligible, interested themselves 
in those early days in County government, and were pioneers of the 
improvements detailed. Even the absence of certain names from the 
sederunts throws a faint light on the movements of the times. From 
1718, or for that matter from 1689 on to 1760, with the solitary 
exception of the appearance of John Gordon, Bailie of the Regality of 
Enzie, at the Whitsunday meeting of Commissioners of Supply in 1743, 
there is no mention of any Duke of Gordon, or anyone on his behalf, 
attending any County meeting, though the Gordon interest in Banffshire 
was great. The strong Jacobite leanings of the heads of the House of 
Gordon, the fact that oaths of allegiance to the new dynasty and 
abjuration of the exiled Stuarts were required, and the just suspicions 
of the Government, were enough to debar the Gordons from County 
or any other administration. George, ist Duke, held Edinburgh Castle 
for the exiled James VII. during 1689. He was too old to be out in the 
Fifteen, and died in 1716. Alexander, the second Duke, was out in the 
Fifteen as Marquis of Huntly, and fought at Sherriffmuir. He died in 
1728. Cosmo George, the third Duke, influenced by his mother, an 
English Mordaunt in the pay of the Hanoverian government, kept out 
of the Forty-five, but his Baron Baillies of Stradoun and Strathbogie, 
the redoubtable Glenbucket and Hamilton in Gibston, and his brother, 
Lord Lewis, were out. The redoubtable General Gordon of Auchintoul 
only once looked in at a County meeting in Banff. 

On the other hand, the County families who supported the Revolu- 
tion settlement and the Hanoverian succession, such as the Earl of 
Findlater and Seafield, Lord Deskford his eldest son. Lord Braco, 



396 RECORDS OF THE COUNTY OF BANFF. 

Lord Forglen, the Lairds of Troup, Edingight, Glassaugh and 
Achoynonie, were active in carrying on the government of the County. 
Again, there were others who, though they more than once reluctantly 
no doubt qualified themselves to Government, and voted the annual 
County supply to King William, Queen Anne and the two Georges, were 
ready, like Birkenbog, Park, Durn, Buckie, Rannas, Carnousie and 
Glengarrock in the Fifteen, and like Park, Durn, young Rannas and 
George Abernethie, eldest Bailie of Banff, in the Forty-five, to strike a 
blow, so that their Jacobite King might enjoy his own again. 



CHAPTER IV. 

Commissioners of Supply and Justices of the Peace , 1719-1760. 

THOUGH the preceding chapter, for the sake of unity of subject 
matter, was confined to Road administration alone, during the 
same period, 1719 to 1760, other affairs engaged the attention 
of the Justices of Peace and the Commissioners of Supply of the 
County. These will be treated in the present chapter as they arise. 
In regard to the annual imposition of Land Tax and the annual 
appointment of a Collector and Clerk, there is no necessity for any 
repeated reference to these matters, unless something new emerges. It 
is enough to state that the annual Acts of Parliament, imposing the 
Land Tax, from time to time appointed the Commissioners of Supply 
by name. After 1707 the British Acts of Supply contained the condition 
that none of those named Commissioners should be capable of acting 
unless infeft in superiority or property valued in the tax roll of the 
county at ^100 Scots of valued rent. The tendency grew also to 
appoint, amongst the others named, an ex-officio element, such as the 
Provost and Senior Bailie of Banff, the eldest Bailie of Cullen, and 
the Baron Bailies of the various regalities of the County. These 
ex-officio nominations were independent of a property qualification, and 
were stereotyped by the Act of 1798, which fixed the Land Tax at a 
definite sum and made it perpetual. The statement at p. 284 that at 
the Union the contributions by England and Scotland of Land Tax 
were stereotyped should be modified. The proportions alone between 
England and Scotland were then fixed. 

A Case of Hamesucken. 

Sederunt of the Justices of Peace of Banffshyre met at Banff the 
fifteenth day of May 1719 . . . My Lord Forglan preses. 

The sd day the Justices of Peace forsaid, taking to their considera°n 
a complaint given in to them by David Chrysty in Auchmilly, w' consent 
of the Pror ffiscal, agt Hector McKenzie late soldier in the regiment of 
Brittish ffusileers now prisoner in the tolbooth of Banff, for threatning 
to murder the compl*" in his own house under silence of night, and 
taking from him a pair of shoes and a web of narrow linnen, and for 
striking the compl'" with a big tree, for which he was committed to 
prison by order of a warrand from my Lord Deskfoord, therfor 



39^ RECORDS OF THE COUNTY OF BANFF. 

craving the sds Justices of Peace might appoint the sd Hector 
McKenzie to make restitution of the sds goods and to punish him 
corporally, and to find caution of lawburrow s to ye compl"^ and free him 
from maintaining the sd Hector McKenzie herafter, as the sd complaint 
bears: The sds Justices of Peace considering that the crymes lybelled 
being for theft and hamsucken, and so very attrocious, and that neyr the 
def"" nor wittnesses for proving ye crymes were cited to this dyet, they 
remit the said crymes to be tryed by the Shirreff deput of Banff, and 
the sd def"" to ly in prison till his tryal. 

Appointment of a New Post for the Shire. 

Sederunt of the Commissioners of Supply of Banffshyre met at 
Banff the sixteenth day of May Jajvij& and twenty years. . . 
My Lord Forglen preses. 

In respect seall complaints given in agt George Brebner former post 
for the shyre of Banff for negligence in his office, and that John Cow 
indweller in Banff has been for some time in the service of the shyre 
as post to their satisfaction, and that he is recomended both by the 
Nobelmen and Gentlemen of the shyre and Magistrates of Banff as fit 
for that office, they name and appoint the said John Cow to be post for the 
sd shyre from Whit. Jajvij& and twenty to Whit. Jajvij& and twenty one, 
and appoint him to have the same sallary that was in use to be paid to 
ye former post, being two shillings stg. weekly during the sd tyme, he 
alwise finding cau°n to serve faithfully in the said office, sd sallary to be 
imposed and collected with the cess . . . 

Banff, i6th May 1721. — In respect that John Cow present shires 
post has behaved himself honestly and dilligently since his entrie, the 
Commis" doe therefore continue him for another year after this date, 
and appoint him the same sallarie. 

Banff, 2nd May 1723. — The post is continued for a year or so much 
therof as there shal not be a post settled twixt Banff and Aberdeen by 
the General Postmaster. 

The Schoolmaster of Bellie. 

Banff, i6th May 1722. — The Commissioners having considdered a 
petition from Mr. Walter Syme, minister at Glass, as commissioned 
from the presbytery of Strathbogie, representing that there was no 



THE SCHOOLMASTER OF BELLIE. 399 

school schoolmaster or sallarie for a schoolmaster settled in the parish 
of Bellie, and yrfor praying that the Commissioners would stent a 
sallarie for a schoolmaster to the said parish not exceeding two hundred 
merks nor under one : They yrfor allowed the presbytery to cite the 
heritors to compear before the said Commissioners and answer to the sd 
complaint agt the second tuesday of August next. 

This procedure arose out of the enactment for settling of schools, 
William III., c. 26, gth October, 1696, which ordained that there be a 
school settled or established, and a schoolmaster appointed in every 
parish not already provided, by advice of the heritors and minister of 
the parish ; and for that effect that the heritors and minister in every 
parish meet, and provide a commodious house for a school, and settle 
and modify a sallary to a schoolmaster, which shall not be under one 
hundred merks nor above two hundred merks to be paid yearly at two 
terms . . ., and that they stent and lay on the said sallary conform 
to every heritor's valued rent, allowing each heritor relief from his 
tennants of the half of his proportion. . . . And if the heritors shall 
not conveen or shall not agree amongst themselves, then the presbytery 
shall apply to the Commissioners of the Supply of the shire, who, or 
any five of them, shall have power to settle a school, and settle and 
modify a sallary for a schoolmaster, not being under one hundred 
merks, nor above two hundred merks, ^ as said is. 

No further or more favourable conditions were made for parochial 
schoolmasters until 107 years later, in 1803, when, on the narrative that 
schoolmasters in Scotland are a most useful body of men, and their 
labours have been of essential importance to the publick welfare, it was 
enacted that their sallaries shall not be under the sum of three hundred 
merks nor above the sum of four hundred merks Scots per annum, a 
maximum of £22 4s. 5^d. stg. In 1861, schoolmasters salaries were 
increased to a minimum of ^^35 and a maximum of £^0. These 
restrictions were swept away in 1872. Now, in igi8, the recurrent 
complaint is made that teachers' salaries are still inadequate ; and, with 
the abolition of small parochial School Boards and the institution of 
County and City School Boards, a new era may open out to that 
" most useful body of men." 

The reason why such procedure was necessary in the case of Bellie 
parish, lying under the shadow of Gordon Castle, is writ large on: the 

' ;[^II 2S. 2§d. stg. 



400 RECORDS OF THE COUNTY OF BANFF. 

pages of the Kirk Session records and the minutes of the presbytery. * 
The Duke of Gordon, the predominant and ruling heritor, was " popish." 
He had no great interest, therefore, in appointing Calvinistic "dominies." 
In 1720 there was no settled schoolmaster in Bellie. In 1722 the 
minister narrates in the Session minutes that he was " concerned that 
popish influence is so great that none of the Duke's people durst sit in 
and assist the session." Meantime the efforts of the presbytery to 
settle a schoolmaster were unavailing, as there was neither a legal 
salary nor schoolhouse at Bellie. In these circumstances they warned 
the heritors that they would proceed against them in terms of law, and 
the petition to the Commissioners of Supply was the result. The 
presbytery appointed a committee to wait on the Commissioners at 
the diet appointed, in case the Duke of Gordon should not come to 
reasonable terms. The County minutes are silent on any further 
procedure, and it is likely that the Duke of Gordon settled a salary and 
house, because soon after Mr. Innes, former schoolmaster at Rathven, 
was appointed teacher. 

Idle Vagrants and Sorners. 

Banff, 2nd May, 1723. — The Comi's do unanimously, in the terms of 
the act of parliat in that behalf, impose and lay on twelve pennies Scots 
on each hundred pound of valued rent wtin ye shyre, for maintaining 
such vagabonds as shall be taken and imprisoned, and appoint the same 
to be levied w^^ ^hg cess. 

Sitting as Justices of the Peace, with Lord Forglen in the chair, the 
meeting taking to their consideration that the country is much infested 
with many idle persons and vagrants, that go about under the names of 
thiggers, beggars and several other pretences, and that their meeting 
with recipts contributes to encourage them, also that the giving of 
thiggings wes some pretext to these idle vagrants and sorners, ffor 
remeed therof the Justices of Peace appoint all constables to appre- 
hend all idle persons, vagrants, &c., and carry them to the next prison, 
and deliver them over to the Magistrates of the town where the next 
prison is, under form of instrument, that they may be punished as the 
law directs. Recepters of vagrants are also directed to be apprehended 
imprisoned and punished. All persons in the shire are prohibited from 
giving any thiggings under the penalty of twelve pounds Scots to be 
paid to the informer. This act to be published at each parish church 

' Pr. Cramond's "Church and Parish of Bellie," pp. 11, 12, 31, 32. 



RECRUITING METHODS. 4OI 

and publictl}' read by the Ministers or Readers immediately after 
Divine Service. 

The Act for the more effectual disarming of the Highlands, 11 Geo. I. 
c. 26, on the narrative that, for want of sufficient funds for defraying 
the cost of apprehending, subsisting and prosecuting criminals, they 
often escaped the punishment due to their offences, enacted, at section 
12, that the Freeholders of counties in Scotland should annually assess 
at their head courts such sums as would be sufficient for defraying the 
charges of apprehending of criminals and of subsisting of them in 
prison until prosecution, and of prosecuting such criminals for their 
several offences by due course of law, and to and for no other use or 
purpose whatsoever. In Banffshire these duties were performed all 
through by the Commissioners of Supply, and not by the Freeholders 
as such, and there was no necessity in practice, therefore, for the statute 
of 2 and 3 William IV., c. 65, transferring the powers of Freeholders to 
the Commissioners of Supply, so far as this duty was concerned. The 
reference in the Minute to carrying vagrants arrested to the next prison 
and delivering them over to the Magistrates of the town arose out of 
the duty placed by the old Scots statute of 1597 upon Royal Burghs to 
provide and maintain prisons upon their own common good, or otherwise 
upon the charges of the burgh for the detention of such transgressors 
of the King's laws, as should be presented unto them by the Sheriff" of 
the shire. 

Alexr. and John Innes appointed Joint Sheriff and 
J. P. Clerks. 

At a meeting of the Justices of Peace and Commissioners of Supply 
at Banff on 24th September 1723, Alexander Innes, Writer in Edin- 
burgh, presented a Commission from the Duke of Roxburgh, Secretarj^ 
of State for Scotland, appointing him and John Innes, yr. of Edingight, 
conjunct Sheriff Clerks and conjunct Clerks to the Justices of Peace 
within the Sheriff"dom of Banff. The Commission narrates that the 
Sheriff Clerkship, formerly pertaining to George Leslie of Burdsbank, 
was now vacant through his resignation, and that the J. P. Clerkship 
had been these severall year bygone and is presently in vaccancy. 
Though the appointment was a joint one all emoluments were reserved 
to Alexander Innes. 

Recruiting Methods. 
Sederunt of the Justices of the Peace att Banff the fourth day of 
May one thousand seven hundred and twenty four years, present 
William Duff of Bracco and Robert Stuart present Provost of 
Banff. 

A3 



402 RECORDS OF THE COUNTY OF BANFF. 

Compeared Lieutenant John Grant ^ younger of Ballindallach in 
Lieu". Generall Coaliers regiment of ffoot in the Scots Brigade in 
Holland, and represented that he had ingadged Alexander Brown and 
John Garden, who are presently lying in the Tolbooth of Banff, as 
vagabonds and louse and idle persons for his Majesty King George 
service, and that they had frankly and voluntarly accepted of his 
money and ingadged w^ him for the sd service w^out being in the least 
threatned or compelled, in presence of Robert Stuart, Provost, James 
Ogilvie and William Syme, Baillies of the Burgh of Banff, and they 
being all present did avouch the same. Whereupon the sd Lieut. 
Grant desired the saids prisoners might be sett at liberty. The 
Magistrates of Banff are ordained to set them at liberty and deliver 
them to Lieut. Grant, he giving an obligation to transport them at his 
own charges and make the country free of them, since they are known 
to be idle and vagrant persons, wtout lose of tyme. 

Alexander Innes appointed Clerk of Supply. 

The Commissioners of Supply at their meeting on 7th May 1724, 
make choise of Alexander Innes Shirriff Clerk of Banff to be their 
Clerk for the sd year . . . 

The Commissioners likewayes continue the penny on the hundred 
pound valued rent for maintaining vagabonds, after they are taken up 
and imprisoned. 

The Local Post Office. 

They continue John Cow their post for a year, and allow him two 
shillings sterling each week for his sallary dureing the sd space, but in 
case there shall be a post office settled by the Generall Postmaster they 
appoint that his sallary may be stopt immediatly yrafter . . . 

As there is no further entry in the Minutes of any future assessment 
for the support of the Post, it may be assumed -that a Post office was 
settled by the General Postmaster. The Act anent the Post office 
passed on 5th July 1695,= was an elaborate act establishing a general 
postal service for Scotland. Like many other Scots acts, however, it 
was more honoured in the breach than the observance. It seems never 
to have been applied to the North of Scotland at any rate. It was 
followed by the Act 9 Anne, c. 10. 

' Fraser's "The Chiefs of Grant," Vol. I., p. 520. 

» Th^ Acts of the Parliaments of Scotland, Vol. IX., p. 417. 



a malt tax prosecution. 4o3 

Baillie Syme, Depute Collector. 

About this time Baillie William Syme, who acted as Depute Collector 
for Mr. Andrew Hay of Mountblairie, fell under a cloud. On 2nd 
October 1724, the Commissioners, on a complaint that he had made 
undue exactions in his collecting of the cess, appointed a committee to 
inspect his receipts and compare them with the intimations and cast of 
the cess for three years last back, and to report to the Commissioners 
on first Tuesday of April next. At this meeting the committee reported 
that the shire had been imposed upon by Baillie Syme ; and in conse- 
quence the Commissioners note the opinion that the shyre has been 
badly served by Baillie Syme, and think it not proper that he should be 
any furder imployed in the station of Deput Collector of the Cess. 

Rogue Money. 

On 7th May 1725, the Commissioners continue one shilling Scots 
yearly on each hundred pound valued rent for maintaining vagabonds 
after imprisonment. 

The Commissioners having lykewayes considered the petition given 
in by James Miln at Miln of Boyndie, Pror ffiscall of this shyre, for 
searching for and apprehending the severall vagabonds presently in the 
Tolbooth of Banff, appoint the Collector to pay to the sd James Mill for 
his charges and trouble ffifty shillings sterling, to be paid out of the 
money collected for mantaining the vagabonds, and failling of that ffond 
to be payed out of the Highway money. 

There was to come a time when the Commissioners of Supply, 
without any stricter adherence to statute law, applied Rogue money for 
the maintenance of roads. 

A Malt Tax Prosecution. 

On 26th October 1725, the Justices, presided over by the aged Earl 
of Findlater, sat on an Excise prosecution by Walter Stuart supervisor 
for Bryan Beattie Collector of Excise against Patrick Thain, Alex'". 
Brodie and oyrs for arrears due by them for duty of malt that they 
entered, and agst Wm. Mair, John Robertson and oyrs for refuseing 
access to their malt barns to the proper officers, when the lybell was 
thrown out, because the executions were bad. 

The extension of the English Malt Tax to Scotland soon after the 
Union was considered by the Scots an infraction of the conditions of 
the Union, and was universally resented. It almost brought about the 



404 RECORDS OF THE COUNTY OF BANFF. 

repeal of the Union in 1713, and the Chancellor Earl, who moved the 
motion for repeal, no doubt signed the deliverance of the Justices 
dismissing the complaints with satisfaction. The prosecution probably 
arose out of the imposition, in 1724, and collection of a tax of 6d. on 
each barrel of ale, afterwards modified to 3d. on each bushel of malt. 
This imposition led to the Shawfield riots in Glasgow of 1727. 

Rate of Maintenance of Vagabonds. 

The Commissioners of Supply at their meeting on 5th May 1726, 
did not impose Rogue money. At a meeting held on 30th September 
1726, the Commissioners, considering that their is no ffond for man- 
tinance of vagabonds imposed upon the shyre, and that the £s9 12 sh. 
formerly levied w^ the last years cess was not sufficient for defraying 
that charge, in respect that the collector has expended the same and 
thirty nyne pound one shilling Scots of the Highway money, they do 
therefore impose upon the shyre one hundred pounds Scots for repaying 
the said sum, the remainder for defraying next years charges .... 

And they appoint no vagabond that shall be imprisoned shall have 
above three half pence p diem, and, if the Comma's think fitt, that they 
may allow them only a pence ster, and are not to exceed three half pence. 

The Running of Brandy and the Dressing of Lint. 

The Commissioners of Supply on 20th October 1726, under the 
presidency of Braco, takeing under their considera^n the great loss this 
pairt of the countrey sustains by running and selling such quantitys of 
brandie therein, have firmly resolved to discourage that practise for the 
ffuture, by giveing all the assistance in their power for making the laws 
and acts of parliament yranent effectual, and have therefore come to 
the following resolution, that from and after the first of Aprile next 
they will drink no brandy by itself in any mixture in any publick 
house, . . . and will give every other encouradgement and assistance 
in their power to every tennent or servant wtin their rexive bounds, who 
shall either seize or inform of brandy running and transporting thorrow 
any pairt of the countrey . . . 

And whereas there being a book published att Glasgow, containing 
directions for propogateing and dressing lint, &c., the Commissioners 
think it will be very usefull for the countrey, and yrfore have lodged a 
coppy of it wt their clerk, and appoint him to agree wt a printer for 



Linen manufacture. 405 

printing ffive hunder coppies and to pay yrfore, and to give each 
gentleman in the shyre such a number of the sds coppies as they shall 
desire, upon their receipt oblidgeing themselves to pay what the Com- 
missioners shall demand for the same. 

At page 290 will be found a reference to the Act of 171 1 passed in 
Queen Anne's reign to prevent abuses in the manufacture of linen. 
Prior to that date much legislation had been passed by the old Scots 
Parliament for the purpose of regulating its manufacture, and promoting 
its sale at home and export abroad. Legislation in 1641 and 1661 was 
followed by the Statutes of 1686, 1693 and 1695, which, to encourage 
the manufacture, enacted that, ^^ ith certain exceptions, the bodies of all 
persons should be buried in plain linen only, spun and made within 
Scotland. Certain standards were at the same time enacted of length, 
breadth and texture ; and rules were laid down for the Royal Burghs 
stamping all linen, if conform to the standard, before sale. In 1710 
the quantity of linen produced in Scotland was 1,500,000 yards, and 
the export to England in 1720 was valued at ^200,000 ; and now in 
1726 there arose a strong movement in Scotland for the greater pro- 
motion of linen manufacture. This movement was further fostered by 
the establishment in 1727 by the government of a Board of Trustees 
for the encouragement of Manufactories and Fisheries, though the linen 
manufacture was so widespread as to extend more or less that year to 
twenty-five Scots counties. Under the stimulus of premiums offered 
by the Board for the encouragement of linen manufacture, exports rose 
from 2,183,978 yards in 1727 to i2,823,048"yards in 1764. 

In Banffshire, linen manufacture was so far established that on loth 
August 1728, the Magistrates of Banff appointed intimations to be 
made throughout the haill parioch kirks of the shyre that upon 
Thursday the 29th of August the competition for the respective best 
linen webs in termes of the Secretaries letter will be made at Banff. ^ 
In a letter from the Magistrates of Banff to the Trustees for Improving 
Linen and Woollen Manufactory, of 6th February 1741, they say: — 
Some months ago wee gave you the trouble of a letter anent Mr. Hay, 
who sett up lately in this place as a Weaver and Heckler. We now 
begg leave to renew our application in his favours as being a young man 
who understands exceeding well the weaving all sorts of plain linnen 
and dressing of lint, of which he has given very sufficient proofs. He 
likewayes gives out his lint when dressed for spinning, and has . . . 
this last winter imployed upwards of 200 poor people that way, and 

' Cramond's "Annals of Banff," Vol. I., p. 199. 



4o6 RECORDS OF THE COUNTY OJF BANFF. 

gives such directions to the spinners that the yearn they spin to him is 
farr preferable to any they formerly made, so that he will be of con- 
siderable use in advanceing and bringing to greater perfection our 
linnen manufacture in all its branches, if he meet with proper in- 
couradgement. ^ Reference has already been made at p. 382 to Lord 
Deskford's promotion of flax growing and linen manufacture at Cullen, 
c. 1752. When Bishop Pococke visited Banff in 1760 he states that — 
Near the town is a yard for bleching linnen yarn, of which a load is 
sent off every three weeks to Edinburgh, and from that place is carried 
on to Nottingham by land. . . . The town subsists by this linnen yarn 
and shops. ^ 

Measures to prevent Brandy Running. 

The resolution of 1726, and the measures then taken against brandy 
running and smuggling seem to have been of little avail. Braco, now a 
member of Parliament, again on 27th October 1730, in furtherance of 
Walpole's excise policy, and the policy of protecting home products, 
led the Justices in quarter sessions, three all told, in another pious 
resolution, which was advertised throughout the county : — 

The Justices considering the many and pernicious effects of the 
clandestine importation and the open and excessive consumption of 
brandy within Scotland, and that great sums of money are dayly 
exported for purchasing the same, which being run without payment of 
any duty is sold cheaper than spirits distilled at home can be afforded 
for, which proves a totall discouragement of our own manufacture, and 
must of consequence lessen the pryce of all grain, . . . thus reducing 
the funds out of which all bounties for the exportation of fish and corn 
are payable, and that the constant ffrauds committed in the running 
trade have been extreamly hurtfull to fair traders, tending to the ruin of 
the whole country, the Justices in terms of 6 Geo. I. c. 21 discharge 
all merchants from importing keeping or selling 'brandy, unless entered 
at the next office of excise . . . 

The Justices have desired the Collector of the customs and excise 
to give in lists to them of the names designations and places of abode 
of all merchants within the shyre, that do or are suspected to deal in 
the said trade, and a list of all persons that sell ale, wine, brandy or 

' Cramond's "Annals of Banff," Vol. I., p. 214. 
' Tour through Scotland (Scot. Hist. Society). 



ROGUE MONEY. 



407 



other liquors and keep publick houses, . . . and promise that all 
due encouragement will be given to the discoverers and prosecutors of 
those that unlawfully sell, keep or import brandy; . . . and they 
doe furder recommend to all Heretors, that in all tacks set by them to 
any person keeping a publick house, there shall be a condition that they 
shall sell no brandy, but what is imported conform to law: With 
certification to all cariers, fishers, boatmen and others imployed in 
running brandy, that their horses and boats will be seized and them- 
selves punished. . . . Declaring their great satisfaction in their 
tennents to inform and assist the officers of his Majestys revenue for 
discovering any such abuses. 

It is to be noted that for many a year the satisfaction of Braco and 
his two friends on the bench, Monblairy and the Provost of Banff, could 
not have been great, for brandy running, free trading and smuggling 
generally were very common in Banffshire as in other Scots counties. 
The smuggling episode in the story of the Porteous riots of 1736, told 
in the " Heart of Midlothian," is typical of the period. 

Alexander Innes appointed Collector — Cess Rolls. 

The meeting of Commissioners of Supply to impose the cess of 
1727-8 should have been held on 6th June, but, owing to a neglect on 
the part of the Sheriff, was only convened by a quorum of their number 
on 4th July 1727. Those present, presided over by Alexander Garden, 
Senr. of Troup, having duly qualified to the new sovereign, re-elected 
Alexander Innes Clerk of Supply, and elected him Collector in place of 
Mountblairy, at salaries of 300 and 600 merks respectively. This 
salary was in 1731 for the first time expressed at ^50 in sterling coinage. 
The amount of cess imposed, including salaries and highway money, 
showed £2 9s. lod. quarterly on every ;£'ioo of valued rent. Contem- 
poraneous with the appointment of a new Collector is found the 
oldest extant cess roll of the County. These rolls, which embody the 
old, 1690, valued rent roll of the County, extend from 1727 consecutively 
to 1764, with the exception of the roll for 1745, which, for obvious 
reasons, is missing. There are odd rolls also for 1779 ^^^ ^79^' 

Rogue Money and Parish Constables. 

The assessment imposed to subsist vagabonds in prison, first called 
Vagabond, and later Rogue money, for some time varied in amount and 
in the regularity of imposition. In 1727, 1728 and 1730 it was not 
imposed. On 6th June 1729, sixteen pennies Scots were imposed on 
each ;^ioo of valued rent, and in 173 1 one shilling Scots, For the 



408 RECORDS OF THE COUNTY OF BANFF. 

next nine years, until 1740, the Rogue money assessed was annually 
stated at the aggregate sum of ;^40 Scots. In 1740 the money was 
ordered to be disbursed at the rate of one shilling Scots per diem to 
those imprisoned for capital crimes or as vagabonds. 

At Banff 2nd March 1731, the Justices, James Abercromby of 
Glassaugh presiding, having considered that there are no constables 
named for the parishes of Botriffnie, Mortlich, Aberlour and Boharm, 
and that the want of these occasions vagabonds and sorners to frequent 
these places, and the several kirk sessions of these parishes to abstract 
the payment of their rexive proportions of the stent imposed upon 
them by the sds Justices for maintainance of the sds vagabonds and 
others in prison, doe therefore recommend to Achoynonie, Tullich, 
Newtoun and Lesmurdie to appoint constables in these parishes with 
all convenient dilligence, and to take the advice of the severall kirk 
sessions anent the properest persons within the sds parishes for that 
purposes, and to oblige the sds constables to accept in terms of law in 
case of refusall. 

At Banff the 31st May 1738, the Justices, Lord Braco presiding, 
appointed James Duff, Town Clerk of Banff, as Pror ffiscal to the 
Justice of Peace Courts. 

The Justices considering the great inconveniences that dayly 
happens in executing their decrees and sentences for want of a competent 
number of constables, do therefore nominat and appoint the persons 
afternamed to be constables in the seall parishes aftermenf^ viz. — 

Alexander Miln at Mill of Alva for Alva, George Webster in 
Kirkton of Forglen for Forglen, James Petrie in Inchdruer for Banff, 
William Strachan in Buchraigie for Boindy, William Leg in Achmore 
and James Wood yor. in Hillside for ffordyce, George Reid in Broom of 
ffindlater also for ffordyce, with full powers, also William Taylior in 
Newtown of Park for Ordequhill, and for their encouragement they are 
hereby excused from any trouble or expense in repairing the high 
roads of the shire during the time they continue constables. 

Three years later, on 7th April 1741, the Justices considering that 
they have not as yet named constables in the county to execute their 
warrands and doe office incumbent on constables, which is frequently a 
loss to the Hedges, they therefore doe hereby name and appoynt 
following as constables persons to the Justices wMn this County, vizt. : — 



SPLITTING OF CUMULO VALUATIONS. 



409 



James Longmuir in Portsoy, John Reed in Miln of Durn, Peter 
Wood in Muir of Glassa and John Davidson at Miln of Towie, all in 
ffordyce parish ; George Robieson in Bankanentim and Jo Strachan at 
Burnmouth in the parish of Cullen ; David Wilson in Gardenhead of 
Park and John Coupland in Park, in the parish of Ordiewhill ; Robert 
Gumming in Raws of Banff, George Gairden at Blairshinnoch and 
George Miln in Paddocklaw in Banff parish ; Alex"". Miln at Miln of 
Alva, John Rudieman in Boig of Monblairy and James Wilson in 
Newtoun in Alva parish ; Thomas Robertson in Scotstoun and George 
Webster in Kirktoun in fforglane parish ; John Miln in Monblaiton, 
Alex^ Strachan in ffinnon and John Piper in Oldtown of Melross in 
Gamrie parish, w* full power to them. 

During this decade the annual imposition of cess was diversified by 
nothing more stirring than that the Collector, Alexander Innes, Provost 
of Banff from 1735 to 1738, was named a Commissioner of Supply in 
1737, and was allowed, on 26th May that year, if he thought fit, to 
employ Robert Innes, writer in Banff, to write and do for him as clerk. 

Splitting of Cumulo Valuations — Valuation of 1679. 

The duty of the Commissioners of Supply in valuing the lands of 
Banffshire was completed under the Acts of 1667 to 1690 in the years 
1679 and in 1690. Thereafter the valuation of the County was 
stereotyped, and the simple duty of properly splitting cumulo valuations 
on sale or alienation remained. These splittings now became common, 
because an artificial manufacture of votes on the very limited Scots 
Parliamentary franchise, on the advice of feudal conveyancers, was 
rising to an art in the hands of a few large landed noblemen, who 
dominated or sought to dominate Scotland politically. William Duff, 
Lord Braco, was pioneer in this political game in Banffshire. 

At Banff, 4th October 1733, present Bracco, Troup, Crombie, 
Achonany, Glassaugh and Montblairie, Troup preses — the six Commis- 
sioners of Supply, having considered a Disposition by Thomas 
Donaldson of Kinnairdie [brother-in-law of Braco] to his son William, 
of the lands and barrony of Netherdale and certain other lands dated 
ist June 1733, declaring that these lands and the lands and barrony of 
Kinnairdie remaining with Thomas Donaldson were of equal rent, and 
valued in the County valuation books at ;£"i033 Scots, and that William 
Donaldson relieved his father of ;^5i6: 10/- Scots, half of said valua- 
tion, split and apportioned the said cumulo accordingly. An extra vote 
was thus created. 

B3 



410 RECORDS OF THE COUNTY OF BANFF. 

The same day, on a crave that the lands of Mosstown in Grange 
were in use to pay cess at the rate of ^^45 Scots of valued rent, and on 
production of a missive letter by Alexander Duff of Hatton [Draco's 
cousin] , and Edingeith, to the Collector, and of a Disposition of the 
lands by Edingeith to Hatton, instructing the same, the Commissioners 
continue the said valuation of £"45 Scots. Edingeith's valuation of 
;£*500, though thus reduced by £^^, still maintained a vote ; and the £45 
acquired was added by Alexander Duff of Hatton to his valuations of 
Dounies £133, and Auchinhamper ;£"266, in Inverkeithny, to take him 
beyond the charmed ;^400 Scots, and give him a claim to a vote. 

The same day, on a Disposition dated 13th June 1733, by Charles 
Hay of Rannas to his son Andrew Hay of part of the Barrony of 
Rannas, declaring the valued rent of said lands to be £550 Scots, the 
Commissioners continued the valuation of Muldavit at ;£'2io Scots, and 
ordained the Collector to state ^^310 on the lands of Connage, Wester 
Freuchnie, Nether Freuchnie, Carnoch, Scotstown, Muiry Crook, etc., 
in all 3^520 stg. belonging to Andrew Hay. The sum of £900 was 
stated as the remainder on Charles Hay's remaining lands. Thus was 
a claim to another vote laid. 

On the same day, a Disposition by William Duff of Bracco to 
Thomas Innes of Muryfold of the lands of Cullen of Gamrie, etc., 
dated 13th June 1733, declared the valued rent ;^46o Scots. These lands 
were formerly valued in with Montbletton and some other lands at a 
cumulo of 3^1420 Scots. The Commissioners apportioned £460 Scots 
on the lands of Cullen, comprehending Whitestones, Burnside, Bloody- 
myre and Mossend, and £960 Scots on Montbletton and other lands. 
Thus was a claim to another vote laid for a doer of Braco. 

The above method of splitting old valued rent cumulos in accordance 
with declarations contained in the deeds of alienation, instead of on a 
solemn proof of value, was soon abandoned as of doubtful legality. 

The minute of Commissioners of i6th May 1741, arising on a petition 
by Lord Braco, discloses the important local fact that there was a valuation 
of the County in 1679, followed by the extant one of 1690 given on pages 
269 to 280. In 1679 the lands of Allachie, it is narrated, were valued 
at ;^ioo, Ruddrie £320, Drumfurich ;^250 and Belmarion ;^40 — in all 
£720. These lands, by the revaluation of 1690, were valued in cumulo 
3^t £437- The lands of Allachie and Belmarion were wadset lands, 
Belmarion being redeemed by the Duke of Gordon, and Allachie like 
to be soon redeemed by the Laird of Grant. Braco asked for a remit 
to some of the Justices to take up a judicial rental of said lands, and to 
proportion the rental conform to the valuation of 1690. Remit was 
made to Alexander Stuart of Lesmurdie and ffrancis Stuart younger of 
Lesmurdie accordingly, to report betwixt and Thursday next. No 
farther action seems to have been taken in this matter, 



Contested election of clerk and collector. 411 

Dearth of i 740-1. 

An echo of the bad harvest in Scotland of 1740 is heard in the 
minute of the Justices at Banff of 21st March 1741. The meeting, 
presided over by Lord Braco, considering the present calamities of 
the country occasioned by the dearth and scarcity of victuall, and the 
many inconveniencies that arise by the ffarmers and others keeping up 
their victuall and of the practice of buying country bolls, which hinders 
bringing the same to publick mercat, discharge the exportation of any 
victuall and the buying or selling of all country bolls, except what is 
necessary for their own families, and what is brought to publick mercat, 
until Thursday the sixteenth April next, when a general meeting of the 
whole Justices and Heretors will be held. 

That meeting was held on 6th May 1741. After mention of the 
great dearth and scarcity of victuall and the present dismall situation of 
the country, it was put to a vote if the prohibition of exportation of any 
meall, bear, oats or grain out of the country be continued until 29th 
May current. Carried by a majority not to continue the prohibition. 

Splitting of Valuation of Achyndachy. 

At Banff, 13th November 1741, the Commissioners of Supply, on 
the petition of Lord Braco, split the cumulo valuation of ;^6oo Scots on 
Achyndachy and Upper Achanacy, in Keith, according to their 
respective real rents, as ascertained in a judicial rental taken up by 
Thomas Innes of Muiriefold, one of the Justices of Peace and 
Commissioners of Supply of the shire. This judicial rental showed 
Achyndachy worth £gii 9s. lod. Scots and Upper Achanacy ;£'496 8s. 
Scots ; and the Commissioners accordingly apportioned £388 9s. Scots 
of the cumulo on Achyndachy, and ;^2ii iis. Scots on Upper 
Achanacy. This splitting of the cumulo was, however, not acted on. 

Contested Election of Clerk and Collector. 
Att Banff the first day of June one thousand seven hundred and 
fourty two years. Convened Commissioners of Supply after- 
name to witt William Lord Braco, Sir William Gordon of 
Park, Sir William Dunbar of Durn, Sir Alexander Reid of 
Barra, George Gordon of Buckie, Alexander Gairden of Troup, 
James Leslie of Tullich, Alexander Stuart of Lessmurdie, 
Francis Stuart of Lessmurdie, younger, James Abernethie of 
Meyan, John Innes of Edingight, John Innes of Edingight, 



412 RECORDS OF THE COUNTY OF BANFF. 

younger, Andrew Hay of Rannas, yor., Andrew Hay of Mont- 
blairy, Alexander Gordon of Cairnfield, Patrick Gordon of 
Ardmeallie, John Johnstown of Elrick, Alexander Abernethie of 
Corskie, Alexander Duff of Hatton, William Leslie of Melross, 
Alexander Keith of Northfield, Alexander Innes, Provost of 
Banff for the time, Thomas Innes of Muiryfauld, George Joass 
of Colleonard, Thomas Stuart of Bogg, Mr. Alexander 
Chalmers of Clunie, Robert Innes of Culvie, Alexander 
Anderson of Newtown, Walter Ogilvie of Badenspink, Alex- 
ander Gordon of Edintore, George Abernethie, as Eldest Baillie 
of Banff, and James Duff, another Baillie, likeways claiming a 
vote as Eldest Baillie .... John Ord of ffindochtie 
claiming as Eldest Baillie of CuUen. 

This meeting was an important one in point of the number of 
Commissioners attending and otherwise. A strong attempt was made 
at it to unseat the old Clerk and Collector, Alexander Innes, who had 
served the county since 1724, and who took his part in the meeting as 
Provost of Banff. The din of the strife can even yet be faintly heard in 
the county chronicle; but there is no disclosure of the underlying motive. 
Who was the mainspring of the movement the minute does not 
specifically disclose. At any rate, James Abernethy of Mayen was in 
the front, and active in taking objections to the status of known 
supporters of the Clerk and Collector. The sederunt was no sooner 
taken than he objected to Baillie George Abernethie's status as Eldest 
Baillie of Banff, alleging, amongst other reasons, that so sensible was 
the Provost [Alexander Innes] that James Duff was the Eldest Baillie 
that he solicited for his vote after a very strong manner. On the other 
side, Alexander Innes, Clerk and Collector, sitting as Provost of Banff, 
had no compunction in fighting for his own hand. He objected to 
John Ord's status as Eldest Baillie of Cullen on the ground that 
William Ord held that position. In course of the arguments adduced 
for John Ord, the following peculiarity in regard to Cullen was noted 
— By the sett of the Burgh of Cullen no Provost can be elected, and 
for that reason there is an absolute necessity, as indeed the practice has 
been in that Burgh to choise one yearly at Michaelmas, who goes 
under the name of Eldest Baillie, and the practice of this Eldest Baillie 
has been to call Councils and to do every other thing that any Provost 
can do in any other Burgh. 

No determination was come to regarding these objections at this 
stage, though the objection to John Ord was not afterwards insisted on. 



CONTESTED ELECTION OF CHAIRMAN. 413 

The meeting then proceeded to elect a Chairman; and Sir William 
Gordon of Park and Patrick Gordon of Ardmeallie were voted on. 
The strength of the contending parties was seen in this division, the 
supporters of the Clerk and Collector voting for Ardmeallie, with this 
exception, that Sir William Gordon and Ardmeallie courteously voted 
the one for the other. For Sir William Gordon of Park there voted — 
Lord Braco, James Leslie of Tullich, Alexr. Stuart of Lessmurdie, 
Francis Stuart of Lessmurdie, James Abernethie of Meyan, Andrew 
Hay of Rannas, yor., Andrew Hay of Montblairy, Patrick Gordon of 
Ardmeallie, William Leslie of Melross, Thomas Innes of Muiryfauld, 
Alexander Anderson of Newtown, Alexr. Gordon of Edintore, John 
Ord of ffiindochtie. Eldest Baillie of Cullen, James Duff, merchant in 
Banff, as Eldest Baillie yrof — fourteen. 

For Patrick Gordon of Ardmeally there voted — Sir William Gordon, 
Sir William Dunbar of Durn, George Gordon of Buckie, Alexander 
Gairden of Troup, Sir Alexr. Reid of Barra, John Innes of Edingight, 
John Innes of Edingight, yor., Alexr. Gordon of Cairnfield, John 
Johnstown of Elrick, Alexr. Abernethie of Corskie, Alexr. Duff of 
Hatton, Alexr. Keith of Northfield, The Provost of Banff, George 
Joass of Colleonard, Thomas Stuart of Bogg, Robert Innes of Culvie, 
Mr. Alexr. Chalmers of Clunie, Walter Ogilvie of Badenspink, George 
Abernethie, mercht. in Banff, as Eldest Baillie yrof — nineteen. 
Ardmeallie was accordingly elected preses. 

At this stage of the meeting the whole members named in the 
sederunt, except Sir William Dunbar of Durn and Mr. Alexander 
Abernethie of Corskie, qualified in terms of law, taking and swearing 
the oaths of allegiance and assurance. These two, who failed to 
qualify, voted in none of the succeeding divisions, and it is possible 
that they may have been induced by the opponents of the Clerk and 
Collector to leave the meeting. The Commissioners then proceeded to 
purge the roll, and Baillie Abernethie was, by a majority of three, 
admitted. Sir William Gordon at this point insisted that the names of 
all persons voting should be taken down, and that the Chairman had 
no vote, except a casting vote upon an equality. These views were 
rejected, and the meeting agreed, by 16 to 13 votes, that the Chairman 
had a deliberative vote, and by a great majority that he had a casting 
vote as well, in case of equality. 

Meyan now took up again the tale of exceptions, and objected to 
Sir Alexander Reid's title to vote as owner of the lands of Forglane. 
Barra's title was, however, sustained by a majority. Alexander Innes, 



4^4 kECORDS oP THE County of 6ani?F, 

Clerk and Collector, as Provost of Banff, thereupon took objection to 
his relative, Muiryfauld's, title. Thomas Innes was factor to Bracco, 
and was evidently known to be opposed to the Clerk. Muiryfauld 
explained that he claimed as Baillie of the Regality of Strathisla, an 
office held by him these twenty-four years past, and as such named a 
Commissioner of Supply these seven or eight years past, and not as 
infeft in property or superiority of any lands in the county. But the 
objection that he was not designed as Baillie in the act of supply was 
sustained by 14 to 12 votes. 

On the preliminary objections the Clerk and Collector had scored a 
victory. The election of Clerk of Supply was then proceeded with. 
There voted for Alexander Innes 16, and for Alexander Stronach, Notar 
Public, 13. The voting was the same as for Chairman, with these 
differences : — Ardmeallie and Park voted for Alexr. Innes and Alexr. 
Stronach respectively, Corskie and Durn did not vote, while James 
Duff and Thomas Innes, against whose qualifications objections had 
been sustained, offered their votes, which were disallo\\ ed, to Alexander 
Stronach. On the vote for Collector, Alexander Innes was appointed 
by 17 votes to 12 votes given for Alexr. Abernethie, merchant in Banff, 
the vote being the same as for the clerkship, with this exception, that 
Mr. Alexr. Chalmers of Clunie voted for Mr. Innes. 

Nor was this the end. Meyan intimated that a summar complaint 
was to be given into the Lords of Session against these appointments. 
Moreover, on the question of the Collector's and Clerk's salary, Sir 
William Gordon renewed the contest by moving an amendment that 
Mr. Abernethie and Mr. Stronach, the Collector and Clerk voted by 
him and the oyr Commissioners of his side of the question, should 
have the salary proposed to be given to Alexr. Innes, but was defeated 
by 17 votes to 12. 

A suspension was raised in the Court of Session, and the Court, 
on 30th July 1742, decided that the question of the legality of the 
appointments could only be competently raised on an action of 
reduction.' 

Convener. 

At this meeting the Commissioners unanimouslie nominate Patrick 
Gordon of Ardmeallie to be their Conveener for this current year, with 
power to call a meeting of the Commiss'^^ from time to time, as he 
shall see cause. 

Banff, i8th May 1743. — The Commissioners continue Patrick 
Gordon of Ardmeallie to be their Conveener. 

' Lord Elchies' Decisions under Commissioners of Supply. 



THE CESS OF 1745. 415 

The oldest recorded Convener of Banffshire was the laird of 
Achmedden, Shirreff Prini^ or his depute in 1670, ^ followed by the 
Duke of Gordon in 1685.^ The Cess Act of 1689 instructed the 
Commissioriers of Supply to meet to impose the cess and to name a 
Conveener. 3 From 1689 to 1703 the Convener, if not in name, was 
de facto the Earl of Findlater, who seems to have had general direction 
of the affairs of the Commissioners, and presided at all the meetings he 
attended. From 1703 to 1706 Lord Boynd'^ was similarly de facto 
Convener. The Cess Act of 1706 again authorised Commissioners of 
Supply from time to time to appoint a Convener. After the union, 
the method obtained for some considerable time of not naming 
any commissioner Convener. From 1709 to 172 1 Lord Deskford 
was mostly de facto Convener. It is only in 1730 that we find from 
the minutes a formal appointment. On 9th June 1730, the Com- 
missioners name Bracco for yr Convener.^ That appointment 
had evidently after a time lapsed, for at Banff on 30th September 
1737 .... the Commissioners further considered the loss they 
are at by not having a Conveener named at their Generall Meeting, 
therefore the Commiss''s present unanimouslie make choise of my Lord 
Braco as their Convener, with power to him to call a meeting of the 
Commiss^s upon any emergency. Here we have the root idea of the 
appointment, the convening of meetings. The Convener therefore did 
not necessarily preside at meetings, and on ist October 1742, though he 
was Convener, and present at the Commissioners' meeting that day, 
Ardmeallie did not preside. Sir Robert Abercrombie of Birkenbog being 
chosen preses. In course, however, the Convener, whose appointment 
was an annual one, always presided at meetings of Commissioners of 
Supply. On 17th May 1745, Sir William Gordon of Park was 
appointed Conveener for this current year. 

Rogue Money. 
Rogue money, dispensed with in 1744, was again, on 17th May 1745, 
reimposed. They [the Commissioners] also impose the fourty pounds 
Scots, for maintenance of vagabonds and idlers after imprisonment, 
because they apprehend that the dearth of victuall this year may 
occasion many of these idle vagrants sorning upon the country. 

The Cess of 1745. 
The Commissioners find that the Land Tax imposed for this 
current year, together with Highway and Vagabond money, including 

•See p. 147. *See p. 149. 3 See p. 160, etc. ■♦See p. 261-2 and 268. sSee p. 354. 



4l6 RECORDS OF THE COUNTY OF BANFF. 

the Collectors and Clerks sallary effects each £ioo Sc. of valued rent 
quarterly \^'ith the sum of £3 8s. 4d. Scots. 

The year thus ushered in amid signs of dearth, went out in the red 
ruin of civil war. From 9th September, when Sir John Cope passed 
from Banff on his way to his defeat at Preston pans, to March 1746, 
with the exception of a few days about i8th December, when McLeod 
and his Hanoverian Highlanders passed through Banff to defeat at 
Inverurie, Banffshire was held solidly for Prince Charlie. The Jacobite 
Lord Lieutenant, Lord Lewis Gordon, not only collected the cess or 
land tax, but also collected levy money at the heavy rate of £^ stg. on 
ever)' ;^ioo Scots of valued rent in lieu of a soldier, and quartered on 
lands in cases of refusal to pay or provide the man.^ The Cess Roll of 
1745 alone of that decade is not extant, and may have disappeared in 
consequence of the troubles. 

Banff the seventeenth day of May one thousand seven hundred and 

fourty six years. Att a meeting of the Commissioners of 

Supply of the County of Banff. Convened — Alexander Gairden 

of Troup, Peter Gordon of Ardmeallie, Alexr. Gordon of 

Cairnfield, John Innes of Edingith, George Joass of Colleonard, 

Alexander Keith of Northfield, Robert Innes of Culvie, Walter 

Ogilvie of Badenspink, Alexander Hary Gordon of Muiraik, 

James Innes, Provost of Banff, George Gairden, Eldest Baillie 

thereof, and John Ogilvie, Baillie of the Regality of Ogilvie — 

Troup being chosen Preses. 

The said day, the above-named gentlemen Commissioners of Supply 

of said county being all formerly duly quallified except the said George 

Gairden, he was in presence of the said Commissioners duly quallified 

in terms of law by swearing and subscribing the oaths of alleadgeance 

and assurance. The Commissioners haveing laid before them a letter 

from Mr. Allan Whitefoord, Generall Receiver of the land tax, dated 

the 7th May current, desireing that they maytake such measures at 

their first meeting that the cess of the year 1745 and preceedings as 

also the cess of this current year, be regularly paid up, and that if they 

think proper a committee may correspond in order ye better to carry 

their resolutions into due execution, and to prevent the charge and 

trouble of sending a party upon the shire. 

'Fiaaer's "The Chiefs of Grant," Vol. II., pp. 188 and 211. Also A. & 11. Tayler's 
" Book of the DuflTs," Vol. II., pp. 3827. 



RECORDS OF THE COUNTY OF BANFF. 417 

The Commissioners taking the said letter to consideration, and 
having also considered that during the rebellion in this country the 
rebells had by fforce and violence compelled the heretors and others 
lyable in payment of the cess within this county to pay to them the 
December cess last and all preceedings, and that severall others had. 
also by force been obliged to pay up to them the March cess last, they 
therefore name the following gentlemen as a committee of their number, 
to wit Lord Braco and all the gentlemen present, or any three of them, 
to be a quorum in order write a proper answer to Mr. Whitfoords letter, 
after haveing got notice of the resolutions of the county of Aberdeen 
anent that matter, whose practice in the present case they think it 
proper to follow : And they name and appoint Mr. Gairden of Troup to 
be their Conveener for the ensuing year, and recomend to him to write 
to and correspond with the Conveener of the Commissioners of Aber- 
deenshire to know what resolutions have been taken in that county in 
relation to the cess, which has also been forced by them from the 
rebells, and after receiving such answer they empower Troup to call a 
meeting when he pleases in order to lay the same before the Committee 
that the necessary directions may be given by them, and whose 
directions the Collector of Supply is hereby desired to follow "... 
Land tax sallarys, highway money and vagabond money do altogether 
affect each £100 of valued rent quarterly in the sum of ;^3 4s. 8d. Scots. 

Highway and Vagabond Money laid aside. 

Banff, 14th May, 1747. — Att a Meeting of the Commissioners of 
Supply of the County of Banff ... In respect of the late troubles 
and the poverty among the tennants, they have resolved to lay aside 
highway and vagabond money for the current year. 

The Collector produced discharge under the hands of George 
Innes, Receiver depute, for the land tax due out of Banffshire for the 
year Jajvii<^ and fourty-five, and was asked to lay before the shire and 
instruct what further payments he has made for the year 1746. 

Windows and Lights. 

And whereas by an act passd this present session of Parliament, it 
appears there's a certain duty laid upon all windows and lights, and 

C3 



4l8 RECORDS OF THE COUNTY OF BANFF. 

whereas the Commissioners of Supply of this county have never had a 
meeting since the commencement of said act till now, they therefore 
adjourn . . . until they have further advice thereanent of the 
practice of the kingdom in other counties and untill there is a fuller 
meeting. . . . 

The act referred to, 20 Geo. II. c 3, repealed all former acts, and 
imposed in Scotland on houses of 10 to 14 windows a duty of 6d. on 
each window, on houses of 15 to 19 windows a duty of gd. on each 
window, and on houses of 20 windows and upwards a duty of is. on 
each window. The Commissioners of land tax were appointed Com- 
missioners for the act, with power to them to fix the time and place of 
meetings, divide the shire, appoint Assessors and Collectors, and pay 
them allowances. 

On 15th July 1747, the act of Parliament had not come to hand, 
and the Commissioners met on 22nd July, Lord Braco preses. They 
at once divided the shire into three Districts, and appointed Banff, 
CuUen and Keith as the places of meeting, the following parishes to 
be in the Banff District, to witt, Banff, Alvah, Forglane, Inverkeithny, 
Aberchirder, Gamrie, St. ffergus, ffetterangus and Straloch ; and in the 
Cullen District, the parishes of Boindie, Fordyce, Deskford, Cullen, 
Rathven and Belly; and in the Keith District the parishes of 
Ordiewhill, Rothiemay, Gartly, Grange, Keith, Boatrifnie, Boharm, 
Mortlich, Skirduston, Inveravine and Kirkmichael ; the Commissioners 
of each of the above districts to meet upon last day of July to name 
the severall assessors, and to report fit persons for being Collectors of 
the rates and duties . . . ; and appoint the said resolutions to be 
published at the several parish churches Sunday next, and they 
recommend to the Commissioners of each District to name a constable 
in each parish as a guide and assistant to the Assessors and Inspectors. 

On 31st July 1747, the Commissioners appointed the following 
Assessors to view, inspect and assess the severall houses within the 
Banff District: — Mr. George Malcolm, Schoolmaster in the parish 
of Gamrie, Mr. John Smith, Schoolmaster at Marnoch, and James 
Glen in Blacktown, or any two of them for the parishes of Banff, 
Gamrie, Alvah, Forglane, Inverkeithny and Marnoch ; Mr. James 
Reid at St. ffergus, ffactor to the laird of Troup, and Mr. John 
Henderson, Schoolmaster at St. ffergus for the parish of St. ffergus and 
lands of ffetterangus; and James Elder, Robert Warrox and Andrew 



RECORDS OF THE COUNTY OF BANFF. 419 

Longmuir, indwellers and posts in Banff, for the lands and barrony of 
Straloch, in the parish of New Machar, and granted warrants to cite 
them to appear before the Commissioners and quahfy. These accepted 
and qualified on nth and 14th August 1747. 

The net made by the act was not small enough in the mesh to 
catch all, and an amending act, 21 Geo. II, c 10, was passed in 1748, 
withdrawing from the Commissioners power of enlarging or abating 
assessments, making rates in Scotland payable at Whitsunday and 
Martinmas, and stopping evasions of the tax by including skylights and 
enacting that contiguous houses though not under the same roof, if 
really one, should be counted one, etc. The same procedure was 
again adopted on 26th July 1748 as in 1747, and the following 
were appointed assessors — James Glen in Blacktown, Mr. John Smith, 
Schoolmaster at Marnoch, and Mr. George Malcolm, Schoolmaster in 
Gamrie, for Banff, Gamrie, Alvah, Forglane, Inverkeithny, Marnoch, 
Rothiemay, Grange and Gartly; John Garrow in Belnacoul, John 
Green in Whitehouse of Edinvillie, William Green in Mains of 
Kinermonie, and William Anderson in Killtack of Kinermonie, all 
in Aberlour for Keith, Boatrifine, Boharm, Mortlich, Aberlour, 
Kirkmichael, and Inveravine ; Alexander Monro in Backlaw, Mr. 
Alexander Longmuir, Schoolmaster at Boindie, and Alexander Stuart 
in Nether Dallachie for Boindie, ffordyce, Ordiewhill, Deskford, Cullen, 
Rathven and Bellie, who being all present accepted, and were duly 
quallified to his Majesty King George the second . . . taking 
the oath de fideli in their office. They were given a paper of 
instructions, and were directed to give in reports to the Commissioners 
on gth August 1748. 

The previous assessors for St. ffergus and lands of ffetterangus and 
for Straloch were reappointed, with the addition of William Lillie, at 
the Kirktown of St. ffergus. 

On gth August 1748, the assessors for Banff, Alvah, Forglane, 
Gamrie, Marnoch, Inverkeithny, Rothiemay, Grange and Gartly 
reported assessments amounting to ;^I4 lis. sterling, Gartly having no 
assessable houses. The Assessors for Boindie, ffordyce, Cullen (the 
Town of Cullen excepted), Deskford, Rathven and Bellie reported 
£23 3s. 6d. sterling, Ordiwhill having no assessable houses. The 
assessors for Keith, Boatrifnie, Boharm, Mortlich, Aberlour, Inveravine, 



420 RECORDS OF THE COUNTY OF BANFF. 

and Kirkmichael reported an assessment of ,^4 8s. 3d. sterling. For 
Straloch only one house, that of Straloch, of twenty-one windows, 
assessment £1 is. sterling, was reported. The assessors for St. ffergus 
and ffetterangus not having compeared to qualify were cited of new for 
that effect to Banff, and to complete the survey and assessment of the 
whole shire. 

Robert Innes, Town Clerk of Banff, appointed Collector of said 
assessments, at the sallary appointed by the Act of Parliament. 

On loth January 1749, the following were appointed assessors of 
Windows and Lights for Banff District : — James Ramsay, School- 
master, Alvah ; George Grant in Clayfolds, William Wintown at 
Kirktown of Alvah, James Wilson in Newtown of Montblairy; for 
Cullen District: — George Grant in Clayfaulds and James Miln at Miln 
of Boindie, and likeways Charles Burges in Clashdore and William 
Stuart of Hillockhead for the Keith district; and James Elder and 
Andrew Longmuir, posts in Banff for the barrony of Straloch, John 
Henderson and William Lillie for St. ffergus and ffetterangus. 

John Grant, in Mains of Minmore, Inveravine, and John Riach in 
Tamachlaggan, Kirkmichael, duly summoned to compear this day and 
place to accept and qualify as assessors, failing to compear, are fined 
each in the sum of flfive pounds sterling for their contempt and 
disobedience. 

Banff, 25th Janry 1749. — The Assessors for Banff District report the 
assessments upon windows and lights for the current half-year at 
£8 los. 9d. stg. The Assessors for Cullen District report the assess- 
ments at ;^I2 6s. 4d. stg. 

Banff, 28th January 1749. — The Assessors for the Keith District 
report assessments amounting to sterling. Adjournment made 

to nth February to receive reports from St. Fergus and Straloch, 
which are not minuted. 

The interest of the above minutes regarding Windows and Lights 
lies not only in the tax itself, which was a reactionary introduction 
from England, and in the method of raising money through local 
agency for imperial purposes, but also in the names of the local 
assessors employed, some of whom were parish schoolmasters. 



records of the county of banff. 42 1 

Convener of the County. 

Banff, ist June 1750. — The Commissioners unanimouslie name Sir 
Robert Abercrombie to be their Conveener for the current year. The 
Collectors expenses in printing and publishing intima°ns with respect 
to the proposall for augmenting ministers stipends, and for printing 
and dispersing regulations of the Justices of Peace with respect to 
servants and winter herding passed, but the Commissioners deferr 
settling any fund for his disbursement until second tuesday of August 
next. 



ADDENDA AND CORRIGENDA. 

Page 6, line 6. — For " Sir James " read " Sir Alexander." 

15, line 29.— For "1661" read "1660." 

16, line 23.— For "1688" read "1668." 
33, line 29. — Reference figure to footnote should be ^. 
34 — Note at foot of page should be Note 2 page 33. 
55, line 17. — For "attenion" read "attention." 
60, footnote. — For " pp. 543-4 " read " pp. 504-8." 

68, line 33. — For " Alexander " read " George." 

69, line I. — For "Alexander" read "George." 
88, line 10. — Delete "by Gordon of Glenbucket" as vide p. 263. 
90, line 31. — For "Alexander" read "George." 
99, line 17.— For "Alexander" read "George." 

123, add footnote to line 29. — "In 1918 the Constituency of the Elgin 
Burghs was abolished." 
11 129, add footnote to line 23, "The Act of Parliament 1707-8 disqualified 
Roman Catholics from being admitted to the Roll 
and voting as Commissioners." 
138, line 3. — For "Charles" read "Alexander." 
193, Une 17. — Add note of interrogation. 
193, line 38. — For "November" read "August." 

229, line 34. — It was not found feasible to reproduce these signatures. 
236, line 2. — For "which is to-day, under the stress of war, reasserting 
itself" read " which under the stress of war reasserted 
itself." 
M 284, line 24. — For "contributions" read "proportions." 
II 381, line I. — For "who, etc.," read " he died in 1709 and she in 1725." 
M 358, line 9.— For "Helen" read "Margaret." 
II 373, line 30. — For "eldest daughter" read "secqnd daughter." 



INDEX. 



Aberbrothock, see Arbroath 

Aberchirder and Banff road, 385, 389, 390, 

391 

— Boat of, 370 

— Fees, wages and prices in (1763), 

242-244 

— Parish, 418 

— Valuation roll of, 271, 340, 353, 354 
Abercrombie (Abercromby) 

— of Birkenbog. yr., 357 

— Bishop of Aberdeen, 32, 64 ; lands 

held by, 93, 99, lOO ; on valua- 
tion roll, 277 

— Colonel, 380 

— General, 391 

— Alexander, Grand Falconer in Scot- 

land to Charles I., 9 

— Sir Alexander, of Birkenbog, Com- 

missioner to Parliament, Sheriff 
of Banffshire, his career, 9, 10, 
II, 15, 16, 19, 60; 120, 145, 146, 
147, 217, 221 

— Alexander, of Brekinhills, on valu- 

ation roll, 276 

— Alexander, of Glassaugh, iii, 121, 

123; M.P. for Banffshire, the 
first Parliament of Great Britain, 
123 ; election and re-election as 
Commissioner of the Shire, 120, 
122, 127, 131, et sgd, 135, et sgd, 
140 

— Sir Alexander, of Galcorse, 143, 144 

— Alexander, yr., of Glassach, 149, 159 

— Alexander, of Glassaugh, Com- 

missioner, etc., 232, 234, 238, 
240, 245, 251, 253, 257, 258, 259, 
280, 281, 284, 286, 287, 316, 317, 
318, 327, 330, 331, 334, 335, 337, 
338, 339. 340, 344, 345, 347, 35°, 
352, 353, 354, 355, 356, 357, 358, 
359, 396; lands held by, 116; 
letters from, quoted, 125 

— Captain Alexander, of Glassaugh, 

139, 324, 341 

— Captain Alexander, of Glassaugh, 

M.P. for Banffshire, Deputy 
Lieutenant, 303, 314 

— , of Skeith, 162 

— Alexander, of Skeith, Commissioner 

of Supply, 232, 238, 258, 261, 
264, 280, 281, 286, 290, 316, 317, 
318 

— Alexander, of Torstoun, on valua- 

tion roll, 272 



Abercrombie, Alexander, of Tulliebodie, 
10, 49, 208, 211 and note 

— George, yr., of Skeith, 143 ; out in 

the Fifteen, 322 

— George, of Skeith, on valuation 

roll, 271 

— George, of Skeith and of Tullibody, 

10 

— James, 180; lands held by, 115, 91; 

out in the Fifteen, 138, 322 

— Sir James, of Birkenbog, 6, 10, II, 

98, no. III, 113, 121, 132, 136, 
162, 187, 188, 189, 194, 200, 204, 
205, 214, 217, 225, 229, 233, 240, 
253, 258, 259, 261, 264, 268, 281, 
283, 290, 292, 301, 313, 329, 347, 
396 ; Commissioner of the Shire, 
87, 98 ; claims precedence in 
suite roll, 119; on valuation roll, 
276 

— James, of Glassaugh, 359, 361, 362, 

364, 365, 366, 408, 409 

— John, in Achincleich, weaver, 244 

— Mr. John, of Farskane, 9, 10 

— Mr. John, of Farskane, and of 

Glassaugh, 120 

— Mr. John, of Glashaugh (Glassa), 

Justice of the Peace, 60, 145, 146, 
149, 162 

— Mr. John, Elder of Glassach, 159 

— Lords, 10 

— Marie, wife of Sir George Gordon 

of Edinglussie, 10, 15 

— General Sir Ralph, 10 

— Sir Robert, of Birkenbog, 359, 360, 

368, 371, 372, 377, 379, 380, 384, 
390, 391, 392, 415, 421 

— Post from Banff to, 226 
Aberdeen Journal, 394 

Aberdeen Universities, Westminster Con- 
fession imposed upon Professors, 
78 

Aberlour, Bridge of, 351, 353 

— Church of, 12 

— Gordons of, 352 

— Lands and barony of, 12 
Abernethie, yr., of Corskie, 258, 259, 282, 

329, 369 

— yr., of Meyan, 362, 366 

— Alexander, of Auchincleich {Auch- 

inclech). Justice of the Peace, 22, 
60, 147 ; lands held by, 24, 25 

— and Meyan and Quoir, 31 

— Alexander, in Banff, merchant, 414 



D 3 



426 



RECORDS OF THE COUNTY OF BANFF. 



Abernethie, Alexander, of Corskie, 259, 
261, 2S0, 281, 283, 412, 413, 414 

— Alexander, of Meyan, 10 

— George, 371 

— George, Baillie of Banff, merchant, 

367, 396, 412, 413 

— James, of Barrie, constable, 227 

— James, in Mayen, 412, 414 

— James, of Mayen, 387, 392, 411 

— James, of Schank and Barie, on 

valuation roll, 272 

— John, of Corskie, on valuation roll, 

272 

— John, of Meyen, Mayan, 64, 65, 75, 

98, III, 121, 126, 258, 259, 261, 
280, 281, 282, 292, 297, 298, 329, 

341. 345. 355. 357. 383. 384: 
lands held by, 92, 115; out in 
the '15, 322 

— John, of Tilidoun, on valuation 

roll, 272 
Aboyne, Earl of. Justice of the Peace, 60, 

147 
Achinhamper, on valuation roll, 273 
Achlunkart, Laird of, on valuation roll, 

273 
Achmadies, Grants of, 38 
Achorachan and Easter Blairfindy, on 

valuation roll, 278 
Achoynonie, Gordons of, 354 

— Grant of, 354 
Achoynanie, Laird of, 409 
Achry, see Auchry 
Achyndachie, Laird of, 200 
Achynonie, Laird of, 132, 140 

Adam, Alexander, in Fordyce parish, on 
valuation roll, 276 

— Alexander, shoemaker, 237 

— James, in Tillidoune, weaver, 244 

— Janet, on valuation roll, 276 

— John, in Achincleich, weaver, 244 

— John, in Cranno, constable, 227 

— John, in Elgin, postmaster, 310 

— John, in Monbletton, constable, 284 
Ad vie, Grants of, 262 

Acnew, Lieutenant, 86 

Airlie, Earl of, lands owned by, in 1664, 
7. 63; 13, 49. 62, 65, 75, 93, 
147, 148, 149, 155, 156,159,162; 
on valuation roll, 274, 276 

— James, 2nd Earl of, 25 ; his politics, 

78 ; loss of his lands, 79, 107 ; 
lands held by, 90 

— Lord ( Ogilvie), 5 ; lodging of, 

79, 107 

— Ogilvie of, 5 

Ale, malt and aqua vita, excise on, before 
and after the Revolution, 223 



Alexander, James, weaver, 237 

Allan, George, in Turtrie, constable, 228 

— George, in Whyntie, 181 

— William, in Muiralehouse, brewer, 

256 
Altyre, Lady (Jean Gordon), 43 
Alvach Parish, 416 

— valuation roll of, 276 
Anderson, , of Westertoun, 147 

— , yr. of Westertoun, 72, 149, 

160 ; estates forfeited for treason- 
able words, 73 

— , Major, of Westertown, Com- 
missioner of Supply, 232 

— Alexander, soldier, 68 

— Alexander, of Aradoull, out in the 

'15. 322 

— Alexander, of Newtoun, 325, 338, 

350, 351, 408, 412 

— J., 180 

— James, Mill of Tynet, on valuation 

roll, 271 

— James, of Nether Achinreth, on 

valuation roll, 271 

— James, of Lochend, on valuation 

roll, 277 

— James, in Troup, shoemaker, 237 

— James, of Westertown, lands held 

by. 73. 74. 148 ; on valuation 
roll, 273 

— Janet, wife of Mr. John Gregory, 

Minister of Drumoak,